For many survivors of sexual abuse, the road to recovery is fraught with challenges, and the quest for justice can seem insurmountable, especially when the abuse occurs in trusted institutions like schools, churches, or care facilities. In Pennsylvania and New Jersey, survivors have rights that can be enforced against the institutions that failed to protect them.
Recognizing the Venue and Its Failures
Sexual assaults in facilities such as public and private schools, churches, dioceses, under-18 sports leagues, hospitals, and foster care programs represent a stark betrayal of trust. Often, these institutions failed to safeguard the vulnerable and neglected their legal obligation as mandated reporters to notify the proper authorities of abuses.
The Role of Mandated Reporters
Mandated reporters are critical in the ecosystem of child and vulnerable adult protection. Their failure to act not only exacerbates the trauma of the initial abuse but also impedes the swift administration of justice. In Pennsylvania and New Jersey, the law requires educators, coaches, clergy, healthcare professionals, and others to report suspected abuse. When they fail, legal remedies may be pursued against the perpetrators and the institutions that harbor them.
Seeking Civil Justice
At Edelstein Law, LLP, we empower survivors by navigating the complex civil justice landscape. Civil cases can provide compensation for damages and also serve as a stern rebuke to negligent institutions. Importantly, pursuing a civil case against public entities often involves challenging the veil of sovereign immunity—a doctrine that protects institutions from lawsuits. However, exceptions exist, especially when an entity has acted negligently or maliciously.
Overcoming Sovereign Immunity and overcoming the threshold
Challenging sovereign immunity is complex but not insurmountable. Our experienced attorneys understand the nuances of Pennsylvania and New Jersey state laws that allow survivors to seek justice even against protected entities. By meticulously building a case that highlights institutional failures and direct negligence, we work to bring about accountability and reform.
Call to Action
If you or someone you know is a survivor of sexual abuse in an institution in Pennsylvania or New Jersey, it's time to take a stand. Contact Edelstein Law, LLP, to explore your legal options. Let us help you turn your traumatic experiences into a powerful catalyst for change and justice. Together, we can hold accountable those who have not only failed to protect but have actively concealed abuse. Visit our website or call us directly to take your first step toward justice and healing.