Abuse and assault
When the people in charge should have stopped it
The coach who had been reported before. The clergy member quietly moved to another parish. The caregiver the agency never checked. When abuse happens inside an institution, the question is often not only what one person did, but what the organization knew, and what it did or failed to do about it.
Survivors often carry the sense that nobody would have believed them. Sometimes the records show that somebody already knew.
How an organization can be responsible
An organization isn't automatically responsible for everything its people do. It can be responsible for its own failures, and lawyers usually group those into a few kinds:
- Careless hiring: taking someone on without the checks a careful organization would have made.
- Careless supervision: leaving someone alone with children or vulnerable people without reasonable oversight.
- Keeping someone on after warnings: ignoring complaints, rumors or signs that should have led to action.
- Failing to respond to a report: brushing it aside, moving the person elsewhere, or discouraging anyone from going further.
The records are often in their hands
Proof of what an institution knew usually sits in its own files: personnel records, earlier complaints, internal letters, insurance papers. A lawyer handling the case can formally ask for those records to be kept and, later, handed over.
You don't need any of that yourself. Your memory of who was there, who you told and what changed afterward is often where the search begins.
Public schools and government-run programs
When the institution is a public school, a public hospital, a foster care agency or another government body, special rules can apply, including formal written notice of the claim, sometimes within a short time. Some states, including New York, don't require that notice for childhood sexual abuse claims. Schools that receive federal money also have duties under Title IX, a federal law against sex discrimination in education, which can make a school answer for ignoring, or badly mishandling, sexual abuse and harassment it knew about.
When the institution is in bankruptcy, or many people were hurt
Some organizations facing many abuse claims have gone into bankruptcy, which changes how claims are made and usually sets its own filing deadline. If you have received a notice about a bankruptcy, a compensation program or a claims process, don't set it aside. Send it with your inquiry, and if its deadline is close, speak with a lawyer right away.
What helps to have ready
- The name and location of the institution, and roughly when you were involved with it.
- Your role there: student, member, camper, athlete, patient, resident or employee.
- The role of the person who hurt you: teacher, coach, clergy, staff member or volunteer.
- Anything suggesting others knew: a report you or someone else made, talk at the time, a sudden transfer.
- Any notice you have received about a bankruptcy, a compensation program or a claims process.
- Anything showing you were there: a yearbook, a roster, a photo, a letter or a report card.
- What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.
Where we fit in
A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.
Questions people ask
The institution has closed or changed its name. Can a claim still be made?
Sometimes. Organizations merge, rename or belong to larger bodies, and the insurance that covered them then may still exist. A lawyer can find out who, if anyone, now answers for it.
Other people were hurt by the same person. Should we reach out together?
Each person should send their own inquiry, so that everyone's privacy and choices are respected. It is fine, and can be helpful, to mention that you know of others.
Will the institution find out I have asked about this?
Not from us, and not unless you decide to go ahead. We don't contact anyone about your inquiry without your permission.
This may also apply
- Mistreated by police or government
If it happened in foster care, juvenile detention or another government-run setting, civil rights claims may also apply.
- Harm from medical care
If it happened in a hospital, care home or doctor's office.
More about abuse and assault
This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.