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In 2018, the Pennsylvania Department of Education reported that there were over 1,500 reported cases of sexual abuse in universities in the state. The report is a stark reminder of the prevalence of sexual abuse in our society and the need for more effective prevention and response strategies. The report highlights the importance of educating children and young adults about the dangers of sexual abuse and the need for them to be aware of their safety on university and college campuses.
If you were assaulted by another student, faculty member, coach, or staff member of a university, or you were raped in another context, our team of experienced child sexual abuse lawyers can help you understand the criminal and civil legal processes in your particular case. We handle all types of sexual assault cases, including rape, incest, date rape, marital rape, statutory rape, and rape of a minor. Contact our university sexual assault lawyers today for a free consultation if you were sexually assaulted at a university or if you believe someone you know may have been.
As students, it can be easy to forget that sexual abuse can and does occur in university settings. Although the vast majority of university campuses are safe places, there is still a risk of abuse due to situational factors such as living far away from home, having classmates or professors who may take advantage of power imbalances, loneliness, the use of alcohol and drugs, and more.
It is important for students to be aware of the different types of sexual abuse that may occur on campus so they can protect themselves from becoming victims. Here are some common types of sexual abuse in university settings:
Sexual harassment can come in many forms ranging from unwelcome verbal or physical advances to jokes/teasing about one's sexuality or gender identity. It creates an environment of intimidation and distress which can lead to trauma and decreased academic performance.
Coercive control involves actual or threatened harm or deprivation for not participating in unwanted sexual acts. This type of abuse often takes longer-term forms with complex psychological manipulation by perpetrators experienced in this form of abuse.
Unwanted touching includes any non-consensual touching that is intrusive or inappropriate, including aggressive groping in public areas, pushing into a corner during a party and even hugging without consent etc.. In a university setting, unwanted touch may happen in classrooms and residence halls where physical contact occurs more regularly between peers and those who hold higher positions over directly involved parties (e.g., faculty members).
Comments regarding sexuality made without consent could also qualify as sexual assault, depending on the severity and intention behind them. These kinds of assaults could include cases like wolf-whistling at someone walking down the street, derogatory remarks about one’s appearance/personality/sexuality, etc., releasing private information publicly (such as posting nude pictures on social media) against one’s wishes etc..
Stalking typically consists of repeated efforts to contact/follow another person beyond what is appropriate conversationally or socially accepted behavior; via face-to-face interactions, telephone calls, text messages, emails or other digital surveillance methods over time. It typically includes an imbalance in power between the stalker and the victim based on fear tactics like threats or humiliation meant to control or manipulate the target’s behavior against their will.
According to the National Center for Education Statistics, the number of reported cases of sexual abuse in universities in Pennsylvania increased by over 20% from 2017 to 2018, and over 90% of sexual abuse cases in universities in the state were reported by female students.
The reporting process begins when a student comes forward with an incident – either directly or anonymously – to the appropriate person at their chosen university or college. This can be done at any time by calling the school's Title IX coordinator or by visiting their online website regarding Title IX where they can find additional information on filing a complaint/report.
Once an incident has been reported, the school is then obligated under federal laws such as Title IX to begin its investigation process into the allegation. This includes interviewing both parties (if possible), gathering statements from any witnesses involved in the incident, and making use of other investigative techniques, such as collecting electronic evidence or documents related to the case if necessary. Once all evidence has been analyzed and reviewed, the school's disciplinary board will decide on a judgment concerning whether or not there was enough proof for sexual misconduct activities/behavior among any participants involved in the case.
In Pennsylvania, universities take allegations of sexual abuse seriously. If a student or faculty member is accused of sexual assault or harassment, the school must investigate the incident and determine whether a violation of Title IX has occurred.
All public universities are responsible for making sure their students have a safe space to learn where they can feel secure from the threat of assault—regardless of gender or background. Universities throughout Pennsylvania work hard to protect all those under their care from any form of gender discrimination or mistreatment due to sexual violence or harassment.
In Pennsylvania, if you've experienced on-campus sexual abuse, you may be wondering when to file a civil lawsuit against the perpetrators. Although it may seem like common sense to file as soon as possible, it's important to know your rights and make sure filing is the best possible step for you.
The answer depends on a few factors, including how long ago the incident took place. In most cases, the statute of limitations for filing a civil suit for sexual abuse in Pennsylvania is two years from the date of the incident or discovery of damages. However, there are other considerations, such as when victims become aware of their injuries—which could be well after the incident occurred—which can extend this statute even further.
Additionally, if an employer or third party was aware of or encouraged the perpetrator’s behavior or misconduct, it’s possible that an individual can still file suit even if they are beyond the two-year statute of limitations period, pending certain qualifications being met.
It's important to remember that each case is unique so it's essential to speak with an experienced attorney who specializes in handling sexual assault claims and have them review all your options before deciding which path to take.
If you decide that pursuing legal action is right for you, there are certain steps you should take before officially filing your lawsuit:
These steps will help ensure that when you pursue legal action in a civil lawsuit against those responsible for your pain resulting from campus sexual abuse, all facts, and evidence necessary will be considered during litigation; it also allows your case time to build strength while resources become available during investigation and explanation via trial deposition questioning.
Under Pennsylvania law, there is a two-year statute of limitations for civil claims relating to sexual abuse on university and college campuses. This means that lawsuits must be initiated within two years of the date when the abuse allegedly occurred. Depending on individual circumstances and the evidence presented, individuals may petition the court for an extension if they are unable to file a suit within those two years. In addition, if a predator commits ongoing acts of either neglect or physical abuse towards an individual going back more than two years, those acts may also factor into legal proceedings as well.
When considering whether a lawsuit should be filed in Pennsylvania related to sexual abuse at university, it is best to speak with an experienced attorney knowledgeable in injured persons' rights who can help determine if all necessary requirements have been met before moving forward with any type of formal legal action. Filing a lawsuit alleging civil liability in such cases will send a powerful message across college campuses that inappropriate sexual behavior will not be tolerated under any circumstances.
Universities have an obligation to provide a safe environment for the members of their college communities. When sexual abuse or harassment occurs, action must be taken to ensure that the survivor is taken care of and the perpetrator is held accountable.
But what steps can survivors take to seek justice if they find themselves in this difficult situation? In Pennsylvania, there are specific damages available in university sexual abuse cases. These include:
These are only some examples of available damages; each case is unique and must be reviewed on its own merits before making any determinations regarding monetary reimbursements available for the survivor. If you or someone you know has experienced sexual abuse while at or attending a university located in Pennsylvania, do not hesitate and contact an experienced attorney immediately who will work diligently on your behalf and make sure you get just the compensation that you deserve under law!
Our University Sexual Assault Law Firm is here to provide free consultations for victims who have been sexually assaulted. Our Philadelphia-based Pennsylvania law firm is committed to providing our clients with quality legal representation and helping them achieve justice.
Whether you were the victim of a rape or an attempted rape, a forced sexual encounter, sexual harassment, or were stalked and harassed on a university campus or dorm, a lawyer can help you through the process of recovering damages, including emotional trauma, lost wages, counseling, and physical and psychological suffering.
Contact Justice Guardians today for a free consultation if you are a victim of university sexual assault.