The Teacher Was Never Arrested or Charged. Can I Still Sue?

Why so many abusers are never charged

Most survivors, roughly 60 to 70 percent, never told anyone while they were still children, and only 10 to 18 percent of cases were ever reported to authorities. [1] When abuse is never reported, there is nothing for police or prosecutors to act on. But a lack of criminal investigation does not mean you don’t have a case. Some institutions are negligent, ignoring the warning signs that their employees pose a direct danger to students.

If the person who abused you was arrested, charged or convicted, those records can help your civil case. However, they are not required.

How a civil case is different

A criminal case is brought by the state to punish the abuser. A civil case is brought by you, to hold the abuser and the school district responsible and to seek compensation. For many of our clients, it’s about finding justice and closure. I want to help you get there.

For survivors under 40, the ordinary civil burden of proof applies. In a civil case, that generally means showing that your claims are more likely true than not, a lower bar than the “beyond a reasonable doubt” standard in a criminal case.

Who you can sue

You can sue the school district, not only the person who abused you. The person who abused you can usually be sued too, for example for sexual battery (Civil Code § 1708.5). Suing the district matters because the district had the duty to supervise and the power to stop it.

What you do not need

• A police report or criminal charges. A civil case is separate from any criminal case. Many abusers are never charged.

• Records or proof in hand. Investigating is our job. Both before and after we file a lawsuit, we gather records, staff files, witness accounts and other evidence.

• To have told anyone at the time. Most survivors don’t. Delayed disclosure is normal.

How long you have

• Under 40: You can bring a case against a California school district any time before your 40th birthday, with no government claim first.

• Abuse on or after January 1, 2024: There is no deadline (Code of Civil Procedure § 340.1).

• 40 or older: Different and stricter rules apply, so talk to a lawyer promptly. LMMB currently evaluates California school cases for survivors under 40.

Every case is different. This is general information, not legal advice. A confidential review can confirm what applies to you.

Sources

[1] London, K., Bruck, M., Ceci, S. J., & Shuman, D. W., Disclosure of Child Sexual Abuse: What Does the Research Tell Us About the Ways That Children Tell?, 11 Psychol. Pub. Pol’y & L. 194 (2005) (approximately 60–70% of adult survivors do not recall disclosing their abuse as children; only 10–18% of cases were reported to authorities).