It can be challenging to know what options you have if you or a loved one is experiencing the shock and agony of sexual abuse or sexual assault. The idea of receiving monetary compensation for your suffering may therefore be the last thing on your mind.
It's crucial to realize that you have a right to compensation for your harms and suffering, both bodily and psychological. Attorneys at Garden State Justice Group that represent victims of child sexual assault work closely with them to secure the compensation and justice they are owed.
Child sexual abuse and sexual assault charges are one of the most serious crimes someone could commit.
The New Jersey Code defines child sexual abuse as follows:
First Degree Aggravated Sexual Assault – Any person commits a crime of the first degree if he engages in oral sex with another person who is less than 13 years old.
Second Degree Sexual Assault – A person commits a crime of second degree if he or she performs oral sex on someone else who is less than 13.
Endangering the Welfare of Children – This charge applies if you cause physical injury to a minor or engage in sexual conduct with him/her.
Luring – You commit this crime if you lure a minor into performing certain acts.
Aggravated Criminal Sexual Contact – This charge applies if the victim is younger than 14 and you touch his/her genitals, anus or breasts.
In many child sexual abuse cases, it seems like every day brings another story of sexual misconduct involving teachers, coaches, administrators, priests, rabbis, doctors, nurses, social workers, police officers, and others who work with young people. Here we examine Title IX liability issues related to child sexual assault in New Jersey.
The federal government passed the Education Amendments of 1972, commonly known as Title IX, to prevent discrimination based on gender in educational programs receiving federal funding. Title IX provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Under Title IX, institutions such as colleges and universities must take reasonable steps to ensure that they do not discriminate against anyone because of his or her sex.
A number of courts have held that New Jersey schools are liable under Title IX for sexual harassment perpetrated by employees acting within the scope of employment. Schools are responsible for taking prompt and appropriate corrective action once they receive notice of alleged sexual abuse. However, the Supreme Court recently ruled that schools cannot be held vicariously liable for the actions of individuals who act outside the scope of their employment. Therefore, schools are generally not liable for the acts of third parties unless the school had actual knowledge of the conduct and failed to respond adequately.
Schools are required to investigate allegations of sexual misconduct and take prompt and effective remedial measures. A school district may be found liable under Title IX even if the harasser did not come into contact with the victim while working for the school. If the school knows or reasonably should know of the existence of a hostile environment, it must take immediate and appropriate action to remedy the situation.
If you believe that your child has been sexually harassed or abused by someone employed by a school, please contact us immediately. We encourage parents to report incidents of sexual assault or abuse to law enforcement authorities. We can help you decide whether you have a child sexual abuse case in a free, confidential consultation.
Victim compensation programs are a way to help child victims of sexual abuse who have been victimized in New Jersey elementary schools. If you were sexually abused by a teacher or other staff member at your elementary school, you may qualify for these programs.
The New Jersey state government has set up a number of victim compensation programs in response to the growing problem of sexual assault and abuse in schools. Some of these programs have strict eligibility requirements and others have more relaxed rules.
Under New Jersey law, the following types of individuals are eligible for these programs:
Victims who were sexually abused by a school employee can apply for these programs. However, in some cases, the victim may not qualify if they did not report the abuse to authorities or the school. Victims who are subject to harassment may also qualify for the program.
Some of these victim compensation programs are run by the New Jersey state government while others are run by local governments. In some cases, victim compensation programs are not available in certain school districts.
You may qualify for these programs if you were sexually abused by a school employee, volunteer, student, or another student. However, the eligibility requirements for these programs are quite strict. If you are interested in learning more about these programs, contact our New Jersey law firm.
In New Jersey, sexual abuse and sexual assault are prevalent and often go unreported. However, it is vital that you know your legal rights and have a good lawyer at your side to advocate on your behalf. At Garden State Justice Group, we are committed to helping sexual abuse survivors and their loved ones in need.
As a result of childhood sexual abuse, victims may suffer the following: depression, anxiety, PTSD, suicidal thoughts, and other mental health issues. Sexual abuse survivors are often at a greater risk of developing physical and mental illnesses such as post-traumatic stress disorder, depression, and anxiety.
At Garden State Justice Group, we understand how important it is to have a law firm that advocates for you. We have successfully represented thousands of people throughout the state of New Jersey. We are proud to have achieved so much for our clients and we look forward to assisting you in your pursuit of justice. If you'd like to learn more about the process of filing a civil sexual abuse claim, contact our experienced sexual abuse law firm today.
Whether it is sexual abuse, sexual assault, sexual contact, or unwanted sexual advances, it can be very difficult for a victim to deal with. It is hard to understand why someone would harm another person, but that is why you need to hire a child sexual abuse lawyer. It is not your fault, but you still have a right to seek justice. When you hire a child sexual abuse lawyer in New Jersey, you can get legal help and support throughout the process. You can get answers to questions and guidance on what you should do. Your attorney will be there to help you and you won't have to worry about what to do next.
If you think your child has been sexually assaulted, it is important that you do not delay in getting help. If you wait too long, the memories of what happened may become hazy and it may be harder to find evidence. The best time to seek legal help is when your child is young. Children who are too young to understand what happened may be able to remember more details and it will be easier for them to testify.
If you are thinking about seeking legal representation, you need to make sure you are hiring a reputable and qualified attorney. There are many attorneys out there who do not offer any help at all. You need to find a lawyer that is experienced in helping victims of sexual abuse and that has a good reputation.
You can learn more about how a child sexual abuse lawyer can help by contacting Garden State Justice Group. Our team of New Jersey child sexual abuse lawyers will provide you with the guidance and support you need to move forward.
