Monday, October 14, 2013

Civil Lawsuit Filed Against School Bus Driver Accused of Molesting Student

http://www.nj.com/morris/index.ssf/2013/10/dad_suing_ex-bus_driver_and_mt_arlington_schools_claiming_daughter_was_sexually_abused.html

This story illustrates a common scenario related to molestation of children in and around school facilities or, in this case, on a school bus.  Oftentimes, the alleged perpetrator has been a long standing employee of the school district with little indication of a potential proclivity towards child abuse.  The criminal prosecution is difficult given that it rests on the victim's word vs. the alleged molester and results in a plea bargain that does not require jail time or any, significant criminal penalty.  The option for the family of the victims in these cases is to file a civil claim for personal injury damages as a means to achieve some sense of justice.  Unlike a criminal proceeding, the alleged perpetrator will be required to appear at a deposition and answer questions under oath about the facts surrounding the incidents of abuse.  If the facts are like this case where the criminal proceeding has been fully adjudicated and concluded, it would be more difficult for the defendant to refuse to answer questions in the civil proceeding based upon his Fifth Amendment rights against self-incrimination.

For more information on civil claims for money damages in sexual assault and abuse cases in California go to: http://www.victimslawyer.com/sexual-assault-abuse-attorney/