I Never Told Anyone and Have No Records. Do I Have a Case?

Not telling anyone is normal

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] Delayed disclosure is normal. Staying silent as a child does not mean it didn’t happen, and it does not mean you waited too long. If you’re a survivor of sexual abuse and you’re under 40, contact us to go over your legal rights and options.

Your own account is evidence

What you remember about what happened, where, and who was involved is evidence. It is usually where an investigation starts. You do not need to remember every date or detail before you call us.

Evidence that may exist even if you kept nothing

School districts keep records, and other people may remember what you don’t. Depending on the case, evidence can include:

• District records: the staff member’s personnel file, earlier complaints, discipline and investigation files, and training records.

• Records that place you together: class schedules, rosters, team and club lists, attendance records and yearbooks.

• Witnesses: former classmates, teachers and staff who noticed warning signs, such as a student being taken out of class or kept alone after school.

• Other reports about the same person: you may not be the only one. Studies of convicted offenders who abused children through youth-serving jobs found they averaged between 21 and 48 victims each. [2]

• Your later life: people you told as an adult, and counseling or medical records, can help show how the abuse has affected you.

• How the abuser was hired and supervised: background checks, references and why the person left earlier jobs. Some abusers were quietly passed from one institution to the next.

• Earlier lawsuits and news coverage: other claims, settlements or press reports involving the same person or institution. Evidence from a different case can often reveal deeper problems at the institution, such as warning signs that were ignored or safety failures that let abuse continue.

• Expert witnesses: psychologists can explain the impact of grooming, why survivors often disclose years later and how abuse affects people over a lifetime. Other experts can explain the safety standards the institution should have followed.

• Family and friends from childhood: parents, siblings or friends who noticed changes in you at the time, even if they didn’t know why.

How we investigate

Investigating is our job. Both before and after we file a lawsuit, we gather records, staff files, witness accounts and other evidence. After a lawsuit is filed, the court process lets us require the district to turn over its records and answer questions under oath. You will not have to track down records or contact the school yourself.

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.

• To relive everything on the first call. Share what you’re comfortable sharing with us.

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).

[2] Leclerc, B., & Cale, J., Adult Sex Offenders in Youth-Oriented Institutions, Trends & Issues in Crime and Criminal Justice No. 497 (Austl. Inst. of Criminology 2015) (492 victims among 23 offenders who offended through institutional roles, a mean of 21.3 victims per offender, range 3–102); Sullivan, J., & Beech, A., A Comparative Study of Demographic Data Relating to Intra- and Extra-Familial Child Sexual Abusers and Professional Perpetrators, 10 J. Sexual Aggression 39 (2004) (among 41 convicted professional perpetrators, a mean of approximately 15 victims at assessment rising to approximately 48 during treatment).