All Practice Areas

Yakima Sex Abuse Lawyers

sexual abuse attorney yakima

As parents, we send our children to school every day trusting that teachers will protect our loved ones from harm. Most educators are dedicated, caring professionals who wouldn’t dream of hurting a child. But it’s easy to forget that sexual predators often hide in plain sight, and are drawn to professions with access to children. Sexual predators may exist as teachers, coaches or mentors, including those in religious organizations like church youth groups, or youth service groups, such as the Boy Scouts of America.

A sexual abuse case filed against a school district by the legal team of Abeyta Nelson Injury Law was recently featured in local news outlets. Our child sexual abuse lawyers represented victims of the criminal case in which a former teacher was convicted of victimizing several of his students at a local high school. Sadly, this type of abuse is increasingly common.

Reports indicate a child is almost 100 times more likely to be abused by an educator than a church pastor. According to the 2017 report called “A Case Study of K-12 School Employee Sexual Misconduct,” 10% of K-12 US students will experience sexual misconduct by a school employee by the time they graduate from high school. This includes students who had encountered sexual acts, sexual violence or sexual misconduct by an adult at school, such as being shown pornography or being subjected to sexually explicit language or exhibitionism.

To prevent this type of abuse, it is critical to know the warning signs. In a 2013 article titled “Know the Warning Signs of Educator Sexual Misconduct,” Carol Shakeshaft discusses two predominant types of sex abuse predators in schools: the “fixated abuser” and the “opportunistic abuser.”

 

The Fixated Abuser

The fixated abuser is considered an excellent, highly respected teacher in the community. They will identify a student who may need extra help, and ask the student to stay with them after school. They may begin taking a child victim to extracurricular activities – such as a ball game – outside of school hours. Fixated abusers begin abusing a child once they feel safe and trusted by their victims. Because they are well-liked and respected, this kind of child sex abuse can go undetected for a long time.

 

The Opportunistic Abuser

The majority of students are victimized by an opportunistic abuser. These are adults who take sexual advantage of a situation, but who aren’t exclusively attracted to children or teenagers. The opportunistic abuser is typically emotionally arrested with boundary and judgment problems. They tend to spend a lot of time around groups of students and trying to blend in as the “cool” teacher or group leader. They make sexually inappropriate comments, and often have inappropriately personal conversations with students.

Obviously not all well-liked and “cool” teachers are sexual predators. But, it’s important to know patterns and to trust your gut. As a parent, teacher, or staff member, if you are concerned that something is amiss, it’s imperative you say something.

In addition to knowing the patterns of typical abusers, it’s equally important that our schools have strong policies defining sexual misconduct and directing what behaviors should be reported. Teachers and staff should be trained in environmental monitoring. As an example, any before or after school tutoring should occur in a public and supervised location, not a closed classroom. As stated by Ms. Shakeshaft, “[safe] schools are places where administrators and teachers know what is happening in real-time in the next classroom, down the hall, and before/after school.” Students and parents should also receive ongoing training defining appropriate behaviors.

As a parent, be sure you have general information and a basic understanding of the policies in place at your child’s school. Don’t be afraid to ask questions about what training the staff and students receive, and push for change if you feel it’s inadequate.

Sexual abuse, sexual assault, or harassment by a trusted adult has serious effects on a child’s emotional security and development and can cause long-term emotional distress. In general, it is well-documented that victims of sexual abuse are more likely than non-victims to have problems with adult relationships, experience drug or alcohol abuse, increased risk of suicide or other self-harm, post-traumatic stress disorder, and health problems such as diabetes and heart disease.

It can take years after childhood sexual abuse or molestation for a victim to recognize the lifelong impact the abuse had on their wellbeing. In recognizing this reality, Washington law extends the statute of limitations for injuries caused by childhood sexual abuse beyond the usual three years. RCW 4.16.340 allows a claim for physical childhood sexual abuse to be brought within three years of the time the survivor of sexual abuse discovered that the injury or condition was caused by the abuser. This allows victims of childhood sexual abuse to bring a civil claim for damages years – even decades—after the abuse occurred.

If you, a family member, or a loved one were a victim of sexual abuse, call the personal injury attorneys at Abeyta Nelson Injury Law. When you call our law firm, you’ll have a free case evaluation with a real person who cares about what you’ve been through, with experience handling sex abuse cases, including sexual harassment cases involving students. Most importantly, our attorneys and staff are trained to discuss sensitive topics, with compassion, in a confidential consultation.

If our attorneys determine you have a case, our sexual abuse attorneys will take legal action and put our 100 years of combined expertise to work for you. There is never a charge to discuss your sexual abuse claim with us, and never a fee unless we win your case. We are ready to provide legal advice to you today through our contact form.

Sexual Abuse FAQs

  • Sexual abuse cases are protected and confidential as part of the attorney-client privilege rule.  Sexual abuse cases, like other legal cases, are considered protected private communications between a client and their lawyer, and this relationship can only be waived by the client.  Even if you are consulting with an attorney but haven’t yet paid the attorney or signed a contract for their services, the information disclosed in conversation with a prospective client is considered confidential.  Further, attorneys cannot use or reveal the information shared in conversation with a client or potential client, except in rare circumstances where the client indicates their intentions to perform an illegal act.

  • In Washington state, the time limit – called a statute of limitations – to file a claim varies depending on the type of case.  Sexual abuse cases typically have longer filing deadlines than other types of personal injury cases, due to their complexity.  For example, survivors of first-degree and second-degree rape have 20 years from the date of the incident to file a lawsuit.  Survivors of third-degree rape have 10 years from the date of the abuse to file a case.  Finally, under Washington state law, those who experienced sexual abuse in childhood have no filing deadline, and can file a case at any time.

  • Schools, religious organizations, foster homes, summer camps, youth clubs, jails, nonprofits and healthcare facilities like hospitals and nursing homes are some examples of institutions that can be sued if they are negligent in protecting the people in their care from sexual abuse.  Institutions have a duty of care, or a legal obligation, to protect their staff, clients and patrons and to avoid any foreseeable harm to them.  Institutions must follow protocols to keep people safe, including conducting thorough background checks, providing adequate supervision, and acting on complaints or warning signs that abuse has occurred.  A lawsuit is warranted when an institution’s negligence can be directly tied to abuse, and when you or a loved one suffered as a result.

    We helped recover $525,000 in damages for one of our clients who was sexually abused in a nursing home. Learn more under Nursing Home Injuries in our results.

  • Sexual abuse victims suffer physically, mentally, financially and emotionally.  Like other types of personal injury cases, clients who suffer from sexual abuse may seek economic damages for out-of-pocket expenses as medical care, ongoing therapy, missed time from work and reduced wages.  Victims may also choose to pursue non-economic compensation for pain and suffering, reduced quality of life, emotional distress and psychological trauma.  Further, clients may choose to pursue punitive damages, which are intended to deter the perpetrator or institution from engaging in the same kind of abuse in the future.

Contact Us

Please contact the staff of Abeyta Nelson Injury Law for a complimentary consultation regarding your recent injury. Scroll down to fill out and submit our simple, free and confidential case evaluation form and a staff member will contact you. Or drop by one our conveniently located offices in Yakima, Ellensburg, and Sunnyside.

Toll free: 800.927.2845

E-mail: injurylaw@abeytanelson.com

"*" indicates required fields

Name*

  • Abeyta Nelson is really in it to make you whole again.
    Kevin Chase - Drunk Driving Accident
  • Calling Abeyta Nelson was the best move that I made.
    Julie Poppoff - Car Accident Case
  • Right off the bat you feel like all of your worries are taken care of now.
    Hal Mason - Near-Fatal Chest Injury

Related Sexual Abuse Posts

Abeyta Nelson Files Sexual Harassment Suit Involving Former Grandview Teacher
Abeyta Nelson Injury Law attorney Terry Abeyta recently filed suit against the Grandview School District see the story on KIMA TV.
Read More
Is Your Senior Suffering From Neglect? | Nursing Home Abuse Attorneys
Nursing Home Abuse and Neglect is more common than most think. If you feel something isn’t right with your senior, report it.
Read More