Colorado Lawyers Handling School Sex Abuse Claims

What are the Common Forms of School Sexual Abuse?

School sexual abuse refers to any form of sexual misconduct, harassment, or assault that occurs within an educational setting involving students and staff members. This type of abuse can have severe and long-lasting effects on the victims, including emotional trauma, academic struggles, and difficulties in forming healthy relationships.

Common forms of school sexual abuse include:

• Physical Sexual Abuse: This involves any form of physical contact of a sexual nature without the victim's consent. This can include inappropriate touching, groping, or forced sexual acts.
• Verbal Sexual Abuse: Verbal sexual abuse involves making sexual comments, jokes, or threats towards a student. This can include sexual harassment, inappropriate language, or sexualized comments about a student's body.
• Non-Consensual Sexual Behavior: This includes any sexual activity that occurs without the consent of one or more parties involved. This can range from unwanted sexual advances to sexual assault.
• Sexual Exploitation: Sexual exploitation occurs when someone takes advantage of a student's vulnerability or trust for their own sexual gratification. This can include manipulation, coercion, or grooming tactics to engage the student in sexual activity.
• Sexual Harassment: Sexual harassment involves unwanted or unwelcome behavior of a sexual nature that creates a hostile or intimidating environment for the victim. This can include persistent sexual advances, requests for sexual favors, or sexually explicit remarks.
• Online Sexual Abuse: With the proliferation of digital technology, online sexual abuse has become increasingly common in schools. This can include cyberbullying of a sexual nature, sharing of explicit material without consent, or online grooming for sexual purposes.
• Peer-to-Peer Sexual Abuse: In some cases, students may perpetrate sexual abuse against their peers. This can include instances of sexual assault, harassment, or coercion carried out by other students within the school environment.

What Are the Common Signs of School Sexual Abuse?

Identifying signs of school sexual abuse can be challenging as victims may be hesitant to report the abuse due to fear, shame, or confusion. However, there are common signs that may indicate a student is experiencing sexual abuse. Some common signs of school sexual abuse include:

• Physical Signs:
  • Unexplained injuries such as bruises, scratches, or cuts in genital or anal areas.
  • Pain, itching, or discomfort in genital or anal areas.
  • Difficulty walking or sitting.
  • Sexually transmitted infections (STIs), especially in younger children.
• Emotional and Behavioral Signs:
  • Sudden changes in behavior, mood swings, or emotional outbursts.
  • Withdrawal from social activities, friends, or family.
  • Anxiety, depression, or signs of post-traumatic stress disorder (PTSD).
  • Regression to earlier behaviors such as bed-wetting or thumb-sucking.
  • Difficulty concentrating or sudden decline in academic performance.
  • Self-harm or suicidal thoughts or behaviors.
• Sexualized Behavior:
  • Engaging in sexual activities or behaviors that are inappropriate for their age.
  • Demonstrating excessive curiosity or knowledge about sexual topics.
  • Mimicking sexual acts or language beyond what is developmentally appropriate.
• Avoidance of Specific Places or Individuals:
  • Avoiding certain areas of the school, such as restrooms or locker rooms.
  • Avoiding specific individuals, such as teachers, coaches, or peers, without a clear explanation.
• Changes in Relationships:
  • Difficulty trusting others or forming close relationships.
  • Unexplained fear or discomfort around certain individuals.
  • Loss of interest in activities or relationships they once enjoyed.
• Somatic Complaints:
  • Complaints of stomachaches, headaches, or other physical symptoms without a clear medical cause.
  • Frequent visits to the school nurse or health clinic.
• Changes in Sleep or Eating Patterns:
  • Difficulty sleeping, nightmares, or night terrors.
  • Changes in appetite, eating habits, or weight loss/gain.
• Regression in Development:
  • Developmental delays or setbacks in areas such as speech, language, or motor skills.

Who Can I Sue If I Was Sexually Abused at School?

Another huge part of SB 88 is the language that explicitly allows survivors to hold institutions accountable for their abuse. Our state legislature has waived sovereign immunity—a legal standard that makes it very difficult to sue governments or public entities—for all claims of childhood sexual assault. While this law doctrine protected some employees of the state from facing consequences for assaulting those under their care, survivors now have a new chance to hold them accountable.

Filing a Lawsuit Against Your Abuser

Whether the person who abused you faced criminal consequences for their actions or continues to work around children today, you can bring a claim against them. Civil lawsuits, the type we handle, are different than criminal suits, meaning double jeopardy standards would not apply even if your abuser was found not guilty in a jury trial. The waiving of sovereign immunity in SB 88 also makes it possible to sue public employees (like schoolteachers or aides) even if you were previously told you could not do so. 

This bill has removed many of the barriers abusers hid behind. Whether you tried to file a claim before and were told it was not possible or this is the first time you have considered filing a lawsuit, come talk to our team to learn about your options.

Filing a Lawsuit Against a School or Youth Program Organizer

While no one else is responsible for an abuser’s behavior, organizations and institutions as a whole are responsible for creating policies and practices that identify and remove wrongdoers from their midst. There is no question our primary and secondary schools must hold themselves to the highest standards in this regard. The same goes for any after-school or educational programs that, for many youths, are an extension of the school day or school year. 

To name a school in your lawsuit, you have to show the institution knew or should have known there was a risk of sexual misconduct in its environment. Schools that outright ignored reports of sexual abuse can obviously be grouped in the category of those that knew. However, even if neither you nor any other survivors came forward, we can help you build an argument to show the school should have known what was happening if its administrators were providing adequate supervision.

What If I Was Assaulted by a Fellow Student?

Schools are responsible for the actions of their employees, but they may also be responsible for misconduct committed by other students. Especially if the assault occurred on school grounds and/or you faced a pattern of abuse from a classmate, you may be able to argue the school failed you by allowing another student to harm you. Whether you can make a claim will rely on the circumstances of your assault, but it’s worth talking to a lawyer if you think a school could be liable.

Call us today at (303) 835-9227 for your free and confidential consultation. Our attorneys serve survivors throughout Colorado and the rest of the United States.