The Santa Ana Unified School District is seeking to dismiss the Orange County, California injuries to a minor lawsuit filed by the parents of a special-ed student who was molested by a teacher's aide in 2008. The former special-ed aide, Alonso Manuel Gonzalez, pleaded guilty last year to the misdemeanor charge of child abuse and endangerment. The original charge against him prior to the plea agreement was a felony for a lewd act with a dependent adult. He was sentenced to four years of probation, 240 hours of community service, one day in jail, and restitution. The teenager's family is also suing him for her Santa Ana, California personal injury.
In their Orange County, California injury lawsuit, the girl's family is seeking damages for the physical and mental trauma that she suffered from the molestation. They are also accusing the school district of negligence because they kept Gonzales on as an employee even though parents had complained about him for years. Among the complaints was that he behaved inappropriately with female students.
Now, however, some media are reporting that not only is the school district using 40 separate affirmative defenses in an attempt to dismiss the complaint, but it is also contending that the victim's negligence caused her trauma and injuries because she did not exercise enough care to protect herself from Gonzales. The victim, who was 17 at the time, has the mental capacity of a 7-year-old, is wheelchair bound, and cannot communicate verbally. Yet, according to the school district's attorneys, she consented to the molestation. They are also accusing the girl's parents of reckless, negligent, and careless supervision of the girl, which caused and contributed to her damages and injuries from the sex abuse.
The Santa Ana Unified School District is asking that all charges be dismissed. The defendant also want the victim's family to compensate it for legal feels.
Orange County, California Child Sexual Abuse
Child sexual abuse, molestation, and rape are crimes. The trauma caused by any type of sexual assault, especially by trusted adults on minors, cannot be quantified. A sex abuse victim may suffer from nightmares, relationship issues, eating disorders, depression, suicidal tendencies, mood swings, and other injuries. Children that are placed under the authority of abusive adults are especially vulnerable. Tens of thousands of children in the US are the victims of sexual abuse every year. Parents may be entitled to seek Santa Ana, California sex abuse damages on their child's behalf.
School district blames disabled student for own molestation, The Raw Story, June 25, 2010
Related Web Resources:
Santa Ana Unified School District
Child Sex Abuse, American Academy of Child and Adolescent Psychiatry
Child Sexual Abuse Fact Sheet for Parents, Teachers and Other Caregivers, American Academy of Experts in Traumatic Stress