One of the most heart-wrenching experiences that a parent can go through is discovering that their child was sexually abused. This is even more devastating when the perpetrator is a trusted authority figure, like a teacher.
As a parent, you may be wondering if you can seek damages if your child has been sexually abused by a teacher in South Carolina. In this blog post, we’ll discuss what you need to know about seeking legal damages in South Carolina if your child has been sexually abused by a teacher.
How Can I Seek Legal Damages if My Child Is Sexually Abused by a Teacher in South Carolina?
Discovering that your child has been sexually abused by a teacher is a devastating experience. One way you can legally hold your child’s abuser accountable in South Carolina is by seeking economic damages through a civil lawsuit. The following are a few of the steps you must take to file a legal claim against your child’s abuser in South Carolina:
- Understand the Statute of Limitations – The statute of limitations in South Carolina for sexual abuse claims is three years from the date of the abuse or three years from when the abuse should have been discovered. However, for victims who were under the age of 18 at the time of the abuse, the three-year period begins when they turn 18. It’s important to act fast once you become aware of the abuse and seek legal advice from an experienced attorney.
- File a Claim Against the School District – If the abuse occurred at a public school in South Carolina, you can file a claim against the school district for negligence. Under the doctrine of respondeat superior, employers are responsible for the actions of their employees. This means that the school district can be held liable for the teacher’s actions if it can be proven that the district was aware of the abuse or should have been aware of it and failed to take appropriate action.
- Consider Filing a Civil Lawsuit – In addition to filing a claim against the school district, you may also want to consider filing a civil lawsuit against the teacher. This can be done regardless of whether criminal charges have been filed. A civil lawsuit can help you seek damages for medical expenses, therapy costs, and pain and suffering.
- Understand the Types of Damages You Can Seek – In South Carolina, there are two types of damages that can be sought in a sexual abuse case: compensatory and punitive. Compensatory damages are meant to compensate the victim for their losses, such as medical expenses and lost income. Punitive damages, on the other hand, are meant to punish the offender and deter others from similar actions.
- Seek the Help of an Experienced Attorney – The legal process can be overwhelming, especially when dealing with such a sensitive issue as sexual abuse. It’s important to seek the help of an experienced attorney who can guide you through the process, advocate on your behalf, and help you seek the damages you and your child are entitled to.
With the right legal support, you can hold those responsible accountable and help your child begin to heal.
Our Sexual Abuse Survivor Attorneys in Charleston Offer Free Consultations
At Pierce, Sloan, Kennedy & Early LLC, our team takes the necessary time to truly understand the personal and emotional impact of your experience. With the expertise of our firm's dedicated sexual abuse survivor lawyers, we can guide you through the legal process, explain your options, and provide the support you require.
We are committed to helping you secure financial compensation for your suffering and ensuring your child’s abuser is held legally accountable for their actions. You can count on us to be by your side every step of the way.
Check out our case results to learn more about our sexual abuse survivor law firm.
Give us a call at (843) 968-0886 or reach out to us online today to schedule a free, no-obligation consultation with our experienced sexual abuse survivor lawyers.