Daycare Center Rape and Sexual Abuse Lawsuit

Daycare Center Sexual Abuse and Assaults - Rapes and sexual assaults at day care centers are a constant fear for every parent. Even after doing extensive research, background checks and referrals from other parents, the parent of that child has no idea what goes on inside the daycare once they leave the center. While most daycare operators and managers run a tight ship, sadly many others are negligent in performing background screening of employees, aids, and other workers, lack security cameras, and do not enforce written rules and policies that can help prevent or deter day care assaults from occurring. Every day in America a child is sexually assaulted, groped, sexually touched, fondled, and even photographed without the parents ever knowing what happened. Sadly it is not until a perpetrator / rapist gets caught does the nature and extent of the past assaults come to light. The daycare rape lawsuit below is a prime example of what can happen behind the day care centers doors.

Day Care Center Rape Lawsuit Filed for Young Disabled Woman

A twenty-five million dollar civil lawsuit has been filed against the owners and operators of a Harlem New York day care facility for the disabled. The daycare center rape occurred in a bathroom which was located in a distant area of the day care, so far that the victim’s screams were not heard by other workers. The young woman that was raped was only twenty years old, but due to her disability had a diminished mental capacity and physical disabilities that prevented her from to fight off her attacker. The young victim had been taken to the bathroom by a male worker, in direct violation of the day cares rules and protocol.

According to sources, while in this bathroom with only her male attacker, she was stripped naked, groped, her breasts bitten, and sodomized for over 10 minutes screaming the entire time without any rescue or assistance from others. Further due to her mental and physical disabilities, she was unable to run away for help. After the young woman had been beaten and anally raped, she put on her bloodied clothes and was found down the hallway by another day care worker. Instead of calling the police to report a rape, that daycare worker made the victim take a shower and put on fresh clothing, then discarded her clothing (the evidence) and treated her with a Tylenol for her injuries.

At no time did the care worker or any supervisor call the police to report the rape, instead just the opposite occurred. It appears that the day care facility was actually trying to cover the rape up as though it never happened. It wasn’t until the young girl got home did her mother discover what had happened to her daughter while at the day care facility. The victim’s mother took her to the hospital to be examined and there the police were notified. The young victim's injuries were so severe that she has been forced to undergo surgery to repair tissue damage from the sodomy. Further, it is alleged that this day care even knew of yet another sexual assault on this same young woman by the same perpetrator as he touched and fondled her breast against her will months before, and again the police were never notified. The defendant day care owner, Lifespire had written rules in place that would have prevented this daycare sexual assault from occurring. But those rules were not followed. 

In another case, a teacher reported that one of her 11-year-old students had been sexually abused and raped by her mother's boyfriend. The Riverside County Social Services was notified and a temporary restraining order was filed against the boyfriend but he had fled the country before it could be served. About a year later social workers observed the boyfriend back in the house but failed to notify the police. Two more years passed before the young teenage girl was put up for adoption. As a result of the county's negligence, the young woman had to endure living in a house with the suspect She had serious mental and physical injuries. A lawsuit was filed against the County under the Child Abuse and Neglect Reporting Act and later settled out of court for over $10,000,000. 

Daycare Center Rules to Prevent Sexual Assaults

While everyday care has a different set of rules that govern its facility, some basic rules to prevent rape and sexual assaults of a child are universal.  Statistics show that over 83% of the rapes and sexual assaults, including unwanted touching, groping, pornography, oral sex, sodomy, and other sexual acts are carried out by a single person acting alone. These perpetrators include day care teachers, aides, outside volunteers, bus drivers, kitchen help and even outside contractors working at the day care.  As such, before hiring any worker, a day care must not only personally screen its applicant, it must also do extensive background searches including past employment, criminal background checks and social media checks. The daycare center must also have written policies in place to prevent rape of sexual assault by any day care employee, guest, helper or visitor.

These rules include proper conduct during trips to the bathroom, showers, napping, one on one activities away from others, excessive affections, touching or hugging and other situations that might lend itself to the exploitation of that child. Day care employees must not only follow these rules, but also be vigilant as to other employees' or visitors actions or intentions with the children and report any suspicious activities to the day care managers and if necessary to the police.  When a daycare fails to protect the children and a child is sexually assaulted, raped, groped or abused in any manner, the day care may be found negligent in a court of law and in many situations lose its state license to run a day care facility. When a day care covers up a sexual assault, doesn’t tell the parents, doesn’t report it to the local and state authorities or the police or doesn’t fire the rapist allows that person to hurt others, then those defendants may also be found grossly negligent and be responsible to paying exemplary or punitive damages for the cover-up and other injuries that were caused to other children.

Day Care Center Rape Lawsuits – Talk to an Attorney

If your child has been sexually abused, assaulted, or raped at a daycare facility by an employee, the director, an aide, parent, or guest, then you may be able to file a negligence lawsuit against that facility, the perpetrator, and others for your child’s injuries.  The Willis Law Firm is ready to help! Mr. Willis is a Board Certified Personal Injury Trial Lawyer with more than 30 years of experience. All cases handled on a No Fees or Expenses Ever Charged, Unless We Get You a Recovery Basis.

Call for a Free & Confidential Consultation - Toll Free 1-800-883-9858