Daycare Sexual Abuse Lawyer

Compensation for Victims of Sexual Abuse at Daycare Facilities 

A daycare sexual abuse lawyer is a crucial ally when seeking justice against negligent daycare centers. With years of experience supporting child sex abuse victims in their healing journeys, we are fierce advocates for our clients who will pursue maximum compensation. Contact us for a free consultation about your legal rights and learn more about the civil claim process. 

Settlements Recovered by Our Law Firm

• $21,000,000 for negligent background checks resulting in sexual abuse
• $15,000,000 for men sexually abused by a private coach
• $1,000,000 for a man who suffered child sexual abuse at an after-school program

Understanding Child Abuse in Daycare Centers

Child sexual abuse is any contact between a child and an adult where the child is used for sexual stimulation of the sexual predator or anyone else. It can include sexual acts as well as non-physical behaviors like watching children undress or exposing them to pornography.

Sexual abuse in a daycare setting could occur in home-based daycares, after-school centers, daycare centers, and drop-in facilities. Childcare providers may not perform adequate background checks, fail to fire providers who have been accused of abusive behavior, or suffer from understaffing that leaves children alone with predators. 

Daycare Child Sex Abuse Statistics

A literature review of abuse in daycares found only 25 studies published between 1987 and 2022, demonstrating the lack of research in this specific area. However, research does suggest that children are at risk of sexual and physical abuse from daycare providers.

The US Department of Health and Human Services released a report on child mistreatment in 2023, which included 509,710 victims from across the United States. Of non-parent abusers, daycare providers were represented in 2,048 cases. Daycare abuse was most prevalent in Illinois, New York, and Texas. 

How to Prevent Sexual Abuse at Daycares

While parents and families are never responsible for child sexual abuse at daycares, you can take proactive steps to protect your child, such as the following.

• Research the Facility: Speak with parents of other children to determine whether they believe it provides a nurturing environment. Read reviews and search for any legal action that has been taken against the facility.
• Ask About Screening Protocols: Discuss the facility’s policy around background checks. If they can’t give you a good answer, this suggests they’re not performing their due diligence.
• Visit the Facility in Person: Pay close attention to how the children behave around all staff members and whether you feel uneasy around any employee.
• Teach Children About Bodily Autonomy: Find developmentally appropriate materials about safety, inappropriate touching, and boundaries.
• Openly Communicate With Your Child and Daycare Staff: Ensure your child knows they can always come to you if they feel unsafe.

Warning Signs of Daycare Abuse or Neglect

Common signs of child sex abuse include:

• Physical signs like bleeding, bruising, or STDs
• Torn, stained, or bloody clothing
• Difficulty walking or sitting
• Urinary tract infections or yeast infections
• Nightmares and trouble sleeping
• Regressive behaviors like thumb sucking or bedwetting
• Changes in toilet and hygiene behavior
• Self-harm and suicidal ideation, particularly in adolescents
• Fearing physical contact, even from family members
• Trouble in school
• Refusing to go to childcare programs or school
• Absences from school or poor grades
• Developmentally inappropriate sexual behavior or knowledge

Research suggests that about one-third of sexually abused children do not show symptoms, or their symptoms may not reach clinical thresholds. However, abuse takes a heavy emotional toll, and issues may show up years after the abuse occurred.

What to Do If You Suspect Your Child Has Been Abused at a Daycare

You must act quickly if you suspect child sexual abuse, physical abuse, or emotional abuse at a daycare. Follow these steps as soon as possible.

• Remove the Child from the Facility: Ensure the abuser no longer has access to your child, and warn others about the potential dangers.
• Seek Medical Care: Visit your local children’s hospital and explain that your child was sexually assaulted. Staff can interview your child, gather evidence, and direct you to additional resources.
• Report Abuse: Contact your local police department, Child Protective Services, and your state’s department of public health to initiate an investigation.
• Document Your Observations: Your child may not show signs right after the abuse occurred, so remain vigilant in the coming weeks and months for behavioral changes.
• Contact a Child Sexual Abuse Attorney: Our team can help you explore your legal options and pursue justice in a civil case. 

How a Daycare Sex Abuse Attorney Can Help Your Family

It’s crucial to work with an attorney who is familiar with child sex abuse cases. Because of the vulnerable parties involved, you need a legal team that can protect your confidentiality, sensitively interview witnesses, and communicate with all third parties on your behalf.

Our team can gather evidence of sexual assault and abuse to pursue a civil lawsuit against the perpetrator and their employer. This can include interviews with your child, medical records, background checks, private communications, and any complaints previously made against the facility. 

Once this is complete, we will identify liable parties, file claims against them, and enter the negotiation process. While many cases settle out of court, we always prepare each case for trial. We will file a lawsuit and represent your family in court if we are unable to settle with the daycare center. 

Liability in Daycare Sex Abuse Cases 

Multiple parties can be held accountable for your child’s injuries. Commonly liable parties include:

• Sexual Abusers: Predators may target young children, knowing that they may not be able to explain that they experienced sexual abuse. These perpetrators should be held accountable for your child’s injuries.
• Other Daycare Staff: Anyone who knew the abuse occurred should have immediately reported it to the proper authorities. If they don’t, they can be liable. 
• Daycare Centers: Federal law requires daycare facilities to conduct criminal background checks on all providers (45 CFR § 98.43). If the child’s abuser had a previous criminal action against them, but the facility still hired them, then this would constitute daycare negligence. 
• Third-Party Contractors: Those who enabled the abuse through negligence can be held accountable. For example, if a maintenance worker left a door unlocked and this allowed a predator access to children, then they can be considered liable.
• Parents: In some cases, parents can be held liable if they knew their child was sexually abused but didn’t take them out of the daycare center. 

Long-Term Impact of Child Sexual Abuse

Child sex abuse can have lasting impacts far into adulthood. This can include mental health challenges like PTSD, insomnia, social anxiety, eating disorders, and chronic pain. 

Those who are sexually abused often have difficulty trusting others and may struggle to develop close relationships, leaving them feeling isolated and alone. Suicidal ideation and substance abuse are more common amongst survivors of child sex abuse than those who were not abused.

Sadly, being abused as a child can also increase the risk of later victimization, such as entering abusive relationships or being sexually abused by other authority figures. While these challenges can feel insurmountable, survivors can recover with professional treatment and support. 

Legal Options After Daycare Abuse

You can pursue justice through a trial in civil court even if you do not choose to press criminal charges. The goal of a personal injury trial is to help you secure compensation for your child’s mistreatment and hold perpetrators accountable for sex abuse.

You may receive both economic and non-economic damages in a child sex abuse lawsuit. These can include:

• Medical bills
• Out-of-pocket medical expenses
• Therapy and counseling
• Lost wages and loss of earning potential
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

To determine non-economic damages, we will sensitively interview you and your family using a trauma-informed approach. 

We can then evaluate damages using tools like an injury multiplier, which takes your economic damages and multiplies them by a number between 1.5 and 5. Due to the extremely traumatic nature of child abuse, the injury multiplier is usually higher in these cases.

If your case goes to trial, the jury may award punitive damages. These are meant to deter the defendant from reoffending while also acknowledging the severe nature of child sex abuse. 

Example Cases

• $1,500,000 jury verdict after a licensed day care facility owner’s adult son abused a four-year-old boy. The defendant had been previously accused of molesting two young children at the daycare facility.
• $402,398.79 awarded in a bench trial after a daycare facility owner’s minor son sexually molested a five-year-old girl. The defendant subsequently faced criminal charges in the juvenile division of the county court system.

Statute of Limitations in Child Sex Abuse Lawsuits

Many states have dramatically extended or even eliminated the statute of limitations for child sexual abuse, recognizing that many victims may not come forward until decades later. 

In most states, the statute of limitations is paused until the child turns 18, and discovery rules may also apply. The discovery rule gives extended time to file a lawsuit if the injury was not immediately identified, such as if the child repressed the memory of the abuse. 

Take Legal Action with an Experienced Attorney! 

The compassionate sexual abuse attorneys at Injury Lawyer Team will pursue maximum compensation against daycare centers and staff who violate a child’s trust. With a 98% success rate and over $450 million recovered, we have the skills and experience to earn maximum compensation for your family.

We work on a contingency fee basis, meaning you owe us nothing unless we earn you compensation. To schedule your free consultation, call us at 866-757-6452 or use our online form.