Navigating the Legal Process: A Guide for Pennsylvania High School Sports Sexual Abuse Victims

Public and non-public high schools in the state of Pennsylvania have the legal responsibility to look after the safety and well-being of their students, regardless of the student’s race, gender, religion, or nationality. Unfortunately, sexual abuse cases are still prevalent as many schools continue to hire staff, teachers, and coaches with questionable backgrounds and take a relaxed approach when it comes to putting preventive measures in place to protect students.

The attorneys at Andreozzi + Foote explain how high school sexual abuse victims can successfully build a civil case and hold their abuser and their school liable for their damages.

What Are the Responsibilities of PA Public High Schools to Prevent and Report Sexual Abuse Cases?

There are a variety of federal and state laws detailing the roles and responsibilities of educational institutions in PA in terms of preventing sexual abuse or taking effective steps to report and address any known cases. One of the most important laws is Title IX of the Education Amendments of 1972, which requires schools to take steps to end sexual violence, prevent it from reoccurring, eliminate the negative environment caused by sexual violence, and take appropriate action to remedy its effects on survivors.

The law also requires schools to provide protective measures for students who have filed a complaint. These measures can include changing class schedules, providing counseling, or any other type of academic accommodations while an investigation of the complaint is ongoing. Providing these resources and accommodations for sexual abuse victims at school is fundamental, as many of these resources are not available through the civil or criminal justice systems.

What Is the Difference Between a Criminal and a Civil Sexual Abuse Case?

If a survivor of high school sexual abuse wishes to take legal action and file a civil lawsuit against the perpetrator or the school, it is important for them to understand how a civil case is built, how it is different from a criminal case, and what to expect along the way.

In a criminal case, the prosecutors representing the state are in charge of building the case and bringing charges against a defendant who has allegedly committed a crime. The defendant has the right to tell their side of the story and present evidence to show their innocence. If the judge and jury believe that the defendant has committed the crime, that person will be convicted and sentenced appropriately.

In contrast, lawsuits in a civil court are initiated by a plaintiff, i.e., the person who was harmed by the actions of another. Because of that, the plaintiff bears the burden of proof, meaning it is up to the plaintiff to prove that the defendant’s negligence or recklessness caused them to suffer damages.

What Does a Victim Need to Prove in a Civil Sexual Abuse Lawsuit?

In a civil sexual abuse case, the plaintiff needs to prove that the school or the perpetrator acted with extreme negligence, causing the plaintiff to sustain both economic and non-economic losses. Building a strong argument for a civil lawsuit can be complicated, but a skilled attorney can help you navigate through this process.

In a civil lawsuit, the plaintiff must prove that (1) the defendant owed them the duty of care of keeping all students safe and free from harm; (2) the defendant breached their duty; (3) the breach resulted in the student being sexually assaulted and thus sustaining devastating damages, and (4) the plaintiff’s damages were a direct result of the defendant’s breach.

How Can an Attorney Help Me Win My Case in Court?

Since it is the plaintiff’s job to prove that their allegations are true and to show how much the defendant’s actions have harmed them, having the help and skills of a sexual abuse attorney on your side can truly make all the difference in your case.

At Andreozzi + Foote, our attorneys are passionate about representing sexual abuse victims and helping them fight for their rights. We can handle every aspect of your case, including gathering evidence to prove your side of the story and building a strong argument to help you secure the compensation you deserve. Contact us today at 866-311-8640 to learn more.

Need help now? Call the RAINN National Sexual Assault Hotline 24/7 at 1-800-656-4673.