What Happens If My Child Is Sexually Hurt By A Teacher In Virginia?

Key Highlights:

What Happens If My Child Is Sexually Hurt By A Teacher In Virginia

• Teachers in the Commonwealth of Virginia are required by law to report suspected child abuse (as per Virginia Code § 63.2-1509) to their local law enforcement agency, the Virginia Department of Social Services, or through the Virginia statewide toll-free number as listed below. For reporting teacher sexual abuse in Virginia, you may make a call to the statewide sexual abuse hotline.
•  Can I sue a school for teacher abuse? Yes, a school district can be held liable for abuse if a teacher was behaving inappropriately and the school knew or should have known that the teacher was behaving inappropriately, and or if the school knew or should have known about possible teacher misconduct of any kind.
• Virginia law places strict notice requirements regarding lawsuits against a school district (government entity). In addition to deadlines, legal action must be initiated as soon as possible.
• Victims of sexual abuse in Virginia may receive medical treatment and therapy, or else they could suffer (emotionally or physically) and experience the long-term effects of the sexual abuse. 

A parent facing the news that their child has been sexually abused by a teacher is likely feeling overwhelmed and will desire answers quickly. Unfortunately, no parent should ever have to ask this question: What happens if my child is sexually hurt by a teacher in Virginia? 

Having the information you will need to protect your child and hold all responsible parties accountable will allow you to make sound decisions regarding your child’s safety and well-being throughout this traumatic time.• Teachers are mandatory reporters under Virginia Code § 63.2-1509, meaning any school employee who suspects abuse must report it immediately.

My name’s Robert Tatum, and I work with Tatum & Atkinson Law Firm as an attorney. Cases of child sexual abuse perpetrated by someone trusted are among the worst possible cases that come into our firm. 

Since 2005, our firm, an ex-military veteran-owned and operated law firm with more than 65 years of combined experience, has supported Virginia families through the Virginia child abuse claim process. We will fight every step of the way for you and your child.

Immediate Steps Parents Should Take in Virginia

Where an individual feels that there was some kind of abuse from the teacher towards his or her child, then it is time for the parents to take the correct measures. The correct measures will ensure that the child receives both physical, emotional, and even legal help.

• The most important priority is your child’s safety and protection.
• Remove your child from any contact related to the teacher. 
• Obtain a medical exam immediately; if there are no visible signs of injury, the medical professional will create documentation identifying any injuries that might be used as evidence later.
• Do not tell your child what to say; allow the child to talk about things in his or her own words at his or her own pace.  
• You should speak with a child sexual abuse lawyer in Virginia before you speak with the school or their insurance company.

Do Not Confront the Teacher or School Alone

Though your instinct may be to rush to the school and demand to know what happened, resist the temptation to do so. Communicating with a school official without an attorney present can lead to statements that can adversely affect your civil case. 

School administrators are represented by their own legal counsel from the time they become aware of an allegation, which is also what you deserve. You will want to speak with a school sexual abuse attorney in Virginia before making any statements to a school official.

How to Report Teacher Sexual Abuse in Virginia

Virginia has laws that require that any report of suspected child abuse be made immediately. Parents can report an alleged abuse incident to either local law enforcement, the Commonwealth of Virginia Department of Social Services via their statewide child abuse hotline at 800-552-7096 (24/7), or to their local department of social services. 

As required by Virginia Code § 63.2-1509, teachers and other school personnel are “mandatory reporters” and are guilty of a felony if they do not report known or suspected abuse. If a school employee fails to report any alleged abuse, that could serve as evidence for your civil case.

What Is Reportable to CPS in Virginia?

Virginia Child Protective Services investigates:

• Any reported physical abuse
• Sexual abuse
• Neglect
• Emotional abuse (due to the care provided) of minors in their care
• Any abuse by a caretaker (including teachers or other professionals) is similar. 

Therefore, sexual contact between a teacher and student is considered reportable, whether the student appears to agree or not. The fact that a perpetrator was in a position of authority means that consent is irrelevant.

Warning Signs of Sexual Abuse and a Toxic Teacher in Virginia Schools

Often, children cannot or will not disclose their abuse right away. According to RAINN, signs of possible abuse may include a sudden or drastic change in behavior, knowledge of language/age-inappropriate sexual knowledge, withdrawing from friends/activities, frequent nightmares, bedwetting, and/or unexplained fears of people or places. 

Signs may also include any unexplained injuries or complaints of pain in the genital region. In any case where there is an indication of abuse (either behavioral or physical), prompt attention and professional evaluation are warranted.

Some indicators of a toxic educator consist of behavior patterns of showing favoritism towards individual students through special recognition or treatment:

• Using electronic means of communication to reach out to students away from school
• Providing gifts that are not age-appropriate for students
• Requesting one-on-one time with students outside of a group environment
• Making comments that are sexual in nature. 

The grooming process is very intentional; therefore, educational institutions may share liability for any injury caused to a student if the school does not address the issues that show a pattern of behavior indicative of possible grooming.

Criminal Charges Against Teachers for Sexual Abuse in Virginia

All sexual actions or relationships between a teacher and student are considered to be illegal in Virginia; the laws do not depend on a child’s age. The Enough Abuse Campaign records the different states’ laws regarding educators who abuse students. 

In Virginia, the law states that it is a crime for any person to sexually abuse a child who is either in a supervisory relationship or has the custodial duty of such a student. An individual convicted of this crime as an educator would be convicted of a felony, would have to register as a sex offender, and would have their authority to teach permanently revoked.

Criminal vs. Civil Cases: What Is the Difference?

Criminal cases are prosecuted by the Commonwealth of Virginia through local prosecutors. Such as:

• The prosecution is the state’s case against a person, not your family’s case. 
• Moreover, if an individual were a victim of teacher sexual abuse in Virginia, a civil sexual abuse lawsuit arising from that abuse would be filed by the victim’s family against the teacher. 

A criminal and a civil case can be pursued at the same time. A criminal conviction can vastly bolster a civil action; however, it is not required to succeed, and there are many successful civil actions without a prior criminal case against the defendant (the abuser) being successfully prosecuted.

Can a School Be Held Liable for Teacher Sexual Abuse in Virginia?

Yes. If administrators of a school or school district had knowledge or should have had knowledge of a teacher’s abusive actions or history, and the school does not act, that failure will result in the school being liable in a civil school negligence child abuse lawsuit. 

Specifically:

• If multiple complaints by other staff members were made about the abused teacher
• If the school ignores those complaints
• If the school ignores the warning signs when hiring an abuser or fails to conduct an adequate background check, that also has bearing on whether the school is liable. 

In other words, if the school does not protect its students from an abuser due to negligent acts, the school district will be jointly responsible for the physical and emotional injuries caused.

In order to sue a public school district in Virginia, the injured party (or their parent or guardian) will need to go through specific procedures since Virginia public school districts are governmental entities.  

The injured party must file a written notice of their claim against the school district within a certain time frame before being allowed to file a teacher sexual abuse lawsuit in Virginia.

Failure to file the notice within the given time frame may result in the injured person losing their ability to sue the school district. This is one of the most important reasons to speak to an attorney who specializes in school sexual abuse cases in Virginia before filing a lawsuit as a result of school sexual abuse.

What Evidence Is Needed in a Virginia Child Abuse Case?

Typically, the most useful evidence in a teacher misconduct lawyer Virginia, who specializes in native child abuse cases, is the victim’s detailed description of the abuse documented by a child forensic interviewer:

• Medical records
• Any communication between the teacher and the student (i.e., text messages, email correspondence)
• School records indicating the teacher had access to and the opportunity to abuse the student
• Testimony from students or staff who witnessed inappropriate behavior
• Expert testimony from psychologists regarding the effects of abuse on the victim.

The Role of Forensic Interviews in Virginia Child Abuse Cases

Law enforcement and Child Protective Services (CPS) utilize forensic interviewers who have been trained to conduct interviews with children using structured, non-leading questions in Virginia. 

The interviews are often videotaped and serve as the foundation for evidence in both criminal and civil cases. Do not attempt to conduct your own interview of the child before this process takes place. Parents who ask their child leading questions prior to the forensic interviewer may have an adverse effect on that child’s testimony and make the investigation more complicated.

Compensation Available for Virginia Child Sexual Abuse Victims and Families

Victims of Virginia child abuse can receive compensation in several different forms depending on how severe the abuse was and how many individuals were affected. 

Victims can receive compensatory damages for economic losses resulting from the abuse, for example: 

• The cost of medical examinations
• The cost of any therapy. 

Victims can also receive compensatory damages due to the severe emotional toll that they suffer from the abuse:

• The physical torture that they endured
• The irreparable harm to their healthy psychological development
• The lifelong psychological effects of being sexually abused as a child.

Sexual abuse compensation in Virginia may also include punitive damages that may be awarded to:

• Victims of a functioning school district due to the accused’s reckless disregard for the safety of your child. 

In short, the purpose of punitive damages is to obtain justice for your child while also creating an opportunity for the District to change systemic problems associated with the sexual abuse of children.

How Tatum & Atkinson Law Firm Can Help Virginia Families?

At Tatum & Atkinson Law Firm, our team is experienced, compassionate, and discreet when representing families whose children are in schools that have failed to provide a safe environment from child sexual assault at school. 

We work on a contingency fee basis, so your family will typically not have to pay us anything until we win your case. Our firm is veteran-owned and dedicated to holding both the individual perpetrator responsible and the institution responsible for enabling that abuse to occur. 

Get in touch with our Virginia law firm today at (800) 529-0804 to schedule a free consultation with our attorney free of charge. Your child has a right to seek justice if he or she was sexually abused at school. 

The answer to this question, “What happens if my child is sexually hurt by a teacher in Virginia?” is to contact Tatum & Atkinson Law Firm today to represent you in seeking justice for your child.

FAQs: What Happens If My Child Is Sexually Hurt By A Teacher In Virginia?

Can I sue a school district in Virginia?

In cases of school negligence and child abuse lawsuits, school districts may be held liable for child abuse if they have knowledge or should have had knowledge about the child’s abuse and were negligent in failing to prevent the abuse.

How long do I have to file a lawsuit in Virginia?

There are also different tolling provisions for the statute of limitations regarding childhood sexual abuse claims (Virginia Statutes section 8.01-243.2). If you have been a victim of childhood sexual abuse, you need to contact a Virginia school sexual abuse attorney well before the deadline expires.

Will the teacher be arrested?

Yes, if enough evidence exists, the teacher can potentially be charged with felony criminal activity under Virginia case law regarding teacher misconduct involving sexual acts with inappropriate contact between a teacher and a student.

What happens when a parent is falsely accused of abuse?

Every report is investigated by CPS. A false claim can be contested through legal means. An attorney can assist with the preservation of parental rights in a Virginia CPS investigation.

Should I take my child out of school following sexual abuse by a teacher in Virginia?

After sexual abuse by the teacher while in school, ensuring that the child keeps out of contact with such a teacher will help in protecting the mental well-being of your child. Additionally, it is important to seek guidance from a lawyer specializing in sexual abuse in Virginia.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.