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A: It depends on the circumstances. Public schools, may, in certain situations, be held liable for sexual abuse and sexual assault of school students. Under Pennsylvania state law, public schools, as government entities, are generally immune from all liability, with some exceptions, such as government liability for defects in government property.
However, claims against a school for sexual abuse committed by a school employee may be made under federal law. Succeeding in a case against a public or private school for sex abuse requires proof that the school either knew or should have known about the abuse yet failed to do anything about it. In addition, a public school employee who commits a criminal act of sexual abuse will not be permitted to make a claim of official immunity and can therefore be sued directly for committing acts of abuse. If you’d like to read more about government liability for sex abuse in Pennsylvania, click here.
For more information, contact Guy D’Andrea, a Pennsylvania and New Jersey sex abuse lawyer and former sex crimes unit prosecutor.
More Pennsylvania School Abuse Legal Articles:
- The Problem of Sex Abuse in Schools Begins with the School Itself
- Pennsylvania Child Sex Abuse in Schools and the Statute of Limitations
- Obtaining Justice in a Sex Abuse Lawsuit Against a School in Pennsylvania
School Sex Abuse Lawyer in Pennsylvania & New Jersey
LBK handles school sex abuse cases in the Northeast area with offices in Pennsylvania, New Jersey and New York. Attorneys at the firm are licensed in Pennsylvania and New Jersey. Firm founder, Guy D’Andrea, is a former sex crimes unit prosecutor with the knowledge and compassion to help victims of sex abuse face their abusers and seek justice.
The firm has the resources and experience to handle school sex abuse cases in all states and welcomes calls from local counsel about potential cases. Click To Call
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
