Sexual assault can happen at almost any time in any place, and schools are unfortunately involved more often than many realize. Victims of childhood sexual assault often report being abused by someone at their school. In such cases, victims may sue those responsible, including the school. However, suing a public school is much different than suing a private one.
Public schools are governmental entities that enjoy certain protections from legal liability that private institutions do not. When suing a public entity like a public school, you must abide by specific laws under Maryland’s Tort Claim Act. Among these laws are notice requirements and limitations on the defendant’s liability for damages. Private schools may be sued just like any other private entity. To prove your claims, we need evidence of the sexual assault. This may include your testimony, security camera footage, medical records, and more.
Get a free, private case review by calling our Baltimore attorneys for sexual assault victims at Rice Law at (410) 694-7291.
Suing a Baltimore School for Sexual Assault
Sexual assault sometimes happens while students are in school. The assault might be perpetrated by other students, faculty members, school administrators, or others. Not only can we sue the person who committed the abuse, but we may also include the school in the case.
Suing a Public School
Many people are educated in the public school system, and sexual assault is tragically more common than many realize. While our Baltimore attorneys for victims of sexual assault can help you sue the school, there may be some extra legal hurdles to jump.
Claims against public entities like schools or teachers must be filed according to the Maryland Tort Claims Act. One such requirement is that we must provide notice of the claim before filing it. According to Md. Code, Cts. & Jud. Proc. Art., § 12-106(b), we must submit a written notice of your claim to the state Treasurer within 1 year of the assault. Claims are filed with the treasury because that is where state employees are paid from.
Suing a Private School
Many students attend private schools that are not public or governmental entities. If you or your child was sexually assaulted while attending a private school, we can sue the school just like any other private person or entity. We do not have to submit a notice of the claim to the Treasurer. The case may proceed like any other private civil lawsuit.
Who May Be Held Responsible for Sexual Assault in Schools?
It can be challenging to determine who is responsible for sexual assault. While the person who committed the assault should absolutely be held responsible, others might also be implicated. We need to make sure that all necessary defendants are included so that you do not miss out on any financial compensation.
First, we must identify the assailant. Sexual assault in schools often comes from adults preying on vulnerable students. A teacher, coach, or school administrator might be at the center of the case. It is also possible that another student committed the sexual assault. This is not unusual, and it is possible that the school was aware of the situation but chose not to intervene or did not take sufficient action to stop the abuse.
If a school employee committed the assault, the school itself may be held liable. As described above, suing a public school can be tricky because it is a governmental entity. Even so, schools can and should be held responsible when staff members sexually assault students.
Evidence We Need to Prove Claims of Sex Assault in School
Sexual assault cases can be difficult to prove because defendants often try to cover up their actions and eliminate evidence. Even so, that does not mean the task is impossible.
We may need to prove that the defendant had access to the victim while at school. Records about the defendant’s employment with the school, as well as the victim’s class schedule, may be helpful. These records may be especially important if the defendant argues that they did not know the victim and had no involvement with them while at the school.
We may also introduce testimony from the victim and witnesses, if any. Even when the plaintiff is the only witness to the sexual assault, their testimony may be powerful. Additionally, we may introduce other evidence to corroborate the details of your testimony.
Sexual assault cases may involve serious physical injuries, especially if the defendant is particularly violent during the assault. You may have sought medical attention even if you did not report the incident to the police right away. Your medical records may help us support your claims and demonstrate the extent of your injuries.
What if I Was Sexually Assaulted at a Baltimore School a Long Time Ago?
It is somewhat common for victims of sexual assault or abuse to wait to come forward. Many victims do not talk about what happened to them for many years. While waiting to report the abuse can be risky, you may still be able to file a civil case.
According to Md. Code, Cts. & Jud. Proc. Art., § 5-117(b), civil claims for sexual abuse or assault that occurred while the victim was a minor may be filed at any time. Put another way, there is no limitation period, and you can file a civil case for sexual assault at school even if many years have passed.
Limitations on Damages in Sexual Assault Cases Against Baltimore Public Schools
If you sue a public school for sexual assault, the available damages in your case may be limited since the school is a governmental entity.
According to the Maryland Tort Claims Act, specifically under § 12-104(a)(2)(iii), if liability of the state (e.g., a public school) arises under claims of sexual abuse of a minor, the defendant’s liability may not exceed $890,000 for a single claimant. If the claim is filed after June 1, 2025, liability may not exceed $400,000 for a single claimant.
Contact Our Baltimore Attorneys for Sexual Assault Victims for Help Now
Get a free, private case review by calling our Maryland attorneys for sexual assault victims at Rice Law at (410) 694-7291.