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What Counts as Abuse?

Many survivors, and many parents, hesitate to call because they are not sure whether what happened “counts.” If you are asking the question, it is worth a conversation. Here is what the law and our experience say.

Sexual abuse of a minor includes more than rape

California civil law covers a broad range of conduct toward a child under 18, including:

  • Any sexual touching, over or under clothing, by an adult in a position of trust
  • Being made to touch an adult, or to watch sexual acts
  • Sexual comments, texts, or messages from a teacher, coach, or staff member
  • Requests for, or sharing of, sexual images
  • Exposure, voyeurism, or photographing a child in changing areas
  • A “relationship” between an adult staff member and a student, regardless of whether the student felt it was consensual

A minor cannot legally consent to sexual contact with an adult. If a student was 16 or 17 and believed the relationship was mutual, it was still abuse, and the school is still responsible for allowing it.

Grooming is part of the abuse

Abuse in schools almost never starts with touching. It starts with special attention: a coach who singles out one athlete for extra help, a teacher who texts a student after hours, an adult who gives gifts, keeps secrets, or creates reasons to be alone with a child. Schools are supposed to recognize these patterns and act on them. When staff saw the warning signs and did nothing, that is often the heart of the case.

It does not matter how long ago it was

Survivors often minimize what happened to them for years. Many do not use the word “abuse” until adulthood. California’s deadlines account for that. See Is it too late?

It does not matter whether there was a police report

A civil claim does not depend on a criminal case. Many of the cases we handle were never reported to police at the time.

Peer-on-peer abuse counts too

When a student is sexually assaulted by another student because the school failed to supervise, or ignored earlier incidents involving the same student, the district can be held responsible.

If you are a survivor reading this at night: you do not have to decide anything now. You can call or message us whenever you are ready, tell us as much or as little as you want, and stop at any point.

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Attorney Stephen J. Costello
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