Sexual Assault by a Ballet Instructor – Lawyer for Child Sex Abuse
Many kids dream of becoming a ballet dancer, and start taking classes as young as 4 or 5. Of course, not every child ends up as a professional dancer, but the classes are meant to provide discipline, athleticism, and a fun, active outlet over anything else.
The central figure at any ballet class is the instructor, who is there to teach proper technique, choreograph routines, provide career advice, and perhaps be a confidante to a child who isn’t getting the time and attention they deserve at home. As a result, most children that take ballet walk away from the experience with positive memories of the person that taught them how to dance.
Unfortunately, some of these teachers have ulterior motives when they choose to work with children, like taking advantage of a student for the purpose of sexual pleasure. Those who are targeted by a predatory instructor have many challenges throughout their life, including mental health issues that affect their relationships, school performance, and earning potential. That’s why child sexual abuse victims have the option of filing a claim for monetary damages.
A ballet instructor sexual assault lawyer at our office can talk to you about your legal options and help you determine the best course of action.
$465,000
Slip & Fall
$600,000
Assault and Battery
$525,000
Head Trauma
$900,000
Hand/Wrist and Back Injury
$599,000
Slip And Fall Accident
$600,000
Shoulder Injury
Liability for Sexual Assault by a Ballet Instructor
Being responsible for something in a legal sense is referred to as “liability.” This is a critical factor in a lawsuit for sexual abuse, as you will need to show that you suffered harm due to another party’s negligence on misconduct. Clearly, the first party that wronged you is the dance instructor, but is it possible to sue the school that employed the teacher?
Yes, many of these lawsuits are filed against the entity in charge of the abuser, i.e., the dance studio. The people who own and operate these facilities have a legal duty to prevent incidents of child abuse. Thus, if they are told about allegations of sexual misconduct by a ballet instructor, they must contact the police and cooperate in the resulting investigation. But even if they are not told about any incidents, those who work with children on a daily basis should be aware of red flags that indicate sexual abuse. So, if they suspect that sexual conduct is occurring between a dance instructor and one or more students, they must contact law enforcement or the county’s child protective services agency.
In reality, accusations against teachers are often ignored, even when multiple students over months or years complain about the same person. But the problem may have started even before then, as some of these studios fail to conduct through background checks prior to hiring teachers and assistants. And if the instructor has a record of producing professional dancers and winning competitions, the school may choose to keep them on the payroll at the expense of the victims.
The negligence we see at many of these schools is astounding, to say the least. This is what drives us to fight for survivors of child sexual assault and the settlement they deserve by law.
The Legal Definition of Child Sexual Abuse
Sexual abuse of a minor refers to interactions of a sexual nature between adults and underage individuals. Because the age of consent in California is 18, anyone under this age cannot give consent to any kind of sexual activity with an adult. Thus, a dance instructor saying that the student enjoyed the interactions and never said no is not a viable defense.
Here are examples of what counts as child sexual assault and exploitation in the state of California:
- Sexual harassment
- Sexual grooming
- Child molestation
- Rape / attempted rape
- Exchanging nude photos, porn, and other sexually explicit material
- Exposing oneself in front of a child
- Oral sex, vaginal intercourse, and anal sex
The Difference Between Sexual Assault and Sexual Harassment
The category of sexual abuse includes sexual harassment and sexual assault, so it’s important to understand the definition of these terms. According to RAINN, sexual assault is any kind of “sexual contact or behavior, often physical, that occurs without the consent of the victim.”
Keep in mind that if the victim is underage (younger than 18), they cannot give consent under California law. Thus, any kind of physical contact with a minor by an adult for the purpose of sexual gratification is classified as sexual assault. This is a crime, so the victim can choose to seek criminal prosecution as well as compensation from a civil claim.
Now, let’s look at sexual harassment, is a rather broad category of abuse. RAINN defines sexual harassment as “unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of sexual nature in the workplace or learning environment.”
In addition, sexual harassment does not have to be directed at a specific person. For example, a ballet instructor may say things in class that make a lot of the students uncomfortable. Or, there is a group of students that are being sexually harassed by lewd comments, sexually explicit texts, request for sexual favors, etc., by their teacher. In many cases, sexual harassment does not qualify as a criminal act, but the victim can certainly seek justice by filing a lawsuit.
Statute of Limitations for a Child Sexual Assault Lawsuit
In California, the deadline to sue for sexual abuse as a minor is based on either of the following dates:
- 22 years after the victim’s 18th birthday, or whenever they turn 40 years old
- Within 5 years of discovering the physical or emotional injuries that resulted from sexual abuse
Understanding that you were sexually assaulted as a child and its effect on your life may not happen for many years. The courts are aware of this, which is why there is a legal exception known as the discovery rule. Even if you are more than 22 years past your 18th birthday, you can still file a lawsuit if you prove that there was a delayed realization of the harm you suffered due from being sexually abused at a dance school
For more information on the time limit to file a ballet instructor sexual abuse lawsuit, contact the offices of Kenmore Law Group.
Restitution for Sexual Abuse Victims
The compensation from a sexual assault lawsuit provides victims with the funds to cover a variety of monetary losses. Aside from economic damages, survivors of child sexual abuse can seek payment for the emotional trauma of what they endured. If you were sexually abused at a dance studio, you may be entitled to the following categories of compensation:
- Medical expenses, including cost of therapy
- Loss of earning potential or lost wages
- Emotional distress
- Pain and suffering
- Loss of consortium
- Legal fees
- Punitive damages
A lawyer with experience in sexual abuse claims can verify which damages you are eligible to receive and fight to secure the highest possible settlement.
Contact Us Today
Let’s face it – the court system is not designed to be friendly for the average sex abuse victim. And that’s why many people struggle to obtain justice if negligence by a dance studio is the reason they were sexually abused by a ballet teacher. However, you can succeed in a lawsuit for dance instructor sexual assault by contacting one of our attorneys.
Here at Kenmore Law Group, we take all cases on contingency, so there is nothing you need to pay upfront. Once we obtain your settlement from the defendant, a portion of it will be deducted to cover our expenses. This is our only form of payment according to the Zero Fee Guarantee, so if we lose your case, you pay $0 in legal fees.
If you’re interested in learning about your rights and legal options, schedule a free case review with a child sexual assault lawsuit attorney.