If you have any reason to believe that your child is or has been a victim of sexual assault at daycare, you must take immediate action. While the predator may face criminal charges, there are other options available to you. As an experienced Houston child sexual abuse attorney, Chelsie King Garza can help you file a civil claim for monetary damages.

Realize that you are not alone in this situation. You can contact Ms. Garza to discuss what can be done about it. She will work with you to ensure you and your child feel safe again. She will also give you all the support and the resources you need to heal and move forward.

What Is Sexual Assault?

Sexual assault is any sexual act directed against another person without their consent. It can encompass all forms of gender-based harassment or discrimination, making the other person feel intimidated, frightened, uncomfortable, and threatened. Three key aspects of sexual assault include:

• Lack of consent (permission)
• Sexual contact or intercourse
• Using force against the other person’s will

Consent must be voluntary, mutual, and free; if it is obtained by threat or coercion, or if the other person isn’t able to give consent due to age, mental incapacity, or intoxication, the act is unlawful.

Sexual Assault Statistics

Nearly 48% of the students in grades 7-12 report experiencing some form of sexual harassment. A 2017-18 GAO report stated 7,000 cases of sexual assault in K-12 public schools. These incidents are only rising, especially in educator sexual misconduct, according to several Texas Education Agency (TEA) reports.

Recently, there have also been some disturbing student-on-student assault cases involving 6- and 7-year-olds. It impacts the victims’ mental health, physical well-being, and academic performance, as well as their families.

Where Predators May Lurk: Where Sexual Abuse Most Often Occurs

Abuse can occur in any number of public or private locations. Some of the areas where sexual abuse may occur in Houston include:

• • College campuses. Universities are one of the most common sites of sexual assaults.
  • Hotels. Hotel chains are often targets for predators.
  • Churches. Several Houston churches that have been involved in sexual assault lawsuits. Members of the clergy have been found to be sexual predators.
  • Day Care. Unfortunately, day cares are often the venue for sexual assault.
  • Public School.  Sexual assault can occur in public schools.  Texas recently change the law allowing survivors to seek compensation.

• Rideshare services. Uber or Lyft drivers may use their positions to prey on their riders.

• Massage parlors. Chains like Massage Envy or Hand and Stone have faced allegations of employing predatory massage therapists. Unfortunately, spas and massage parlors can provide employment to predators.

What are the signs that your child may have been sexually abused?

If you suspect your child has been sexually abused by someone at daycare, look for these signs:

• Your child shows an unusual interest in sexual matters. If your child says inappropriate things or exhibits sexual behavior that is out of character for their age, this could be something to look out for. Children who are exposed to sexual content or activities they do not understand may repeat them or talk about them.
• Your child has pain or infections around private parts. Pay close attention if your child complains of pain, itching, soreness, redness, and burning in their private areas or if they have a urinary tract or yeast infection. This could signal that they are being abused in daycare.
• Your child is scared of daycare or school. Take notice if your child suddenly refuses to go to daycare. They may invent excuses to stay at home, like faking an illness, or they might express anxiety or fear when it is time to go. This behavior could indicate that they are scared of someone or something at daycare.
• Your child has started to act very differently. If your child’s behavior changes drastically, it could be a consequence of sexual abuse at daycare. For example, if your child is usually calm but suddenly starts exhibiting violent behavior. Abused children may also regress. For example, if a potty-trained child suddenly starts having accidents.
• Your child has sleep issues. If your child has a hard time falling asleep, wakes up many times during the night, or has bad dreams, it could be a sign that they are feeling anxious or scared about something at daycare.

As children grow up, some of these behaviors can become normal. However, if you notice many of these signs at once, or if they suddenly appear and seem out of character for your child, you must go with your instincts.

If your child is old enough to tell you how they are feeling, ask them about their day at daycare. But be very careful with what you say. Don’t ask your child leading questions that force them to respond with a ‘yes’ or ‘no’ to something they may not fully understand. This can confuse your child or give you answers that are not true. Instead, let your child freely share their feelings and experiences about daycare.

What are some common misconceptions about sexual abuse?

Many people are under the impression that sexual abuse happens only when nobody else is around the predator and the victim, although this is not always true. Sexual abuse can take place even when there are other children or adults nearby, like in a daycare.

Sometimes, the abuser spends time grooming the child, or getting the child to trust them first. They may do nice things for the child or give them extra attention to make them feel safe and gain their trust. The child may even assume they are equally responsible for what is happening and feel scared to tell anyone because they fear getting in trouble.

Another misconception is ‘stranger danger.’ Parents often worry about strangers causing harm to their children. However, in the majority of cases, the abuser is someone the child knows and trusts. This could be a family member, a friend, or a daycare employee.

As a parent, you should be aware of this since it helps you identify potential threats to your child. You should be careful and attentive to anyone who spends time with your child, even if they seem friendly or trustworthy.

What should you do if you have reason to believe your child suffered sexual abuse?

If you suspect your child has been sexually abused at a place you thought they would be safe, like a daycare, it can be a frightening situation. Here’s what you should do immediately:

• Report the crime: Contact the police and the Texas Department of Family and Protective Services (DFPS) immediately. You can report the crime DFPS online or by calling them, and you can do it anytime.
• Collect evidence: If you have any evidence that serves as proof of your child’s abuse, like pictures or messages, gather it to support your case and to help authorities take the right action.
• Get help for your child: Your child might need support during these tough times. Reach out to counselors or doctors who can help your child heal and be happy again.
• Stay strong for your child: We know this is a difficult time, but your child needs you to be strong and supportive. Let them know you are there for them and will do everything you can to keep them safe.

What Compensation Are Sexual Assault Victims Entitled To?

Victims of sexual assault in public schools might qualify for financial help through the Texas Crime Victims’ Compensation (CVC) Program. Parents, guardians, or caregivers can act as claimants on the victim’s behalf for eligible expenses, including:

• Medical care
• Therapy
• Counseling
• Lost wages for the family’s time off for treatment or investigation
• Funeral/burial costs (if applicable)
• Forensic exam expenses

It requires a police report (filed within a reasonable timeframe) and cooperation in investigations. Victims or their families can apply for the program through a trusted sexual assault law firm or the Houston Police Department’s Victim Services.

Civil lawsuits, on the other hand, can offer better chances of recovering substantial compensation. With proper legal counsel, victims can recover:

• Economic damages (medical bills, therapy costs, and other crime-related monetary expenses)
• Non-economic damages (mental anguish, pain, and suffering after the incident)
• Punitive damages (for punishing the perpetrator and to set an example in future cases)

Depending on the facts, the individual offender, school administrators, school districts, third-party contractors, etc., can be held liable. However, there are complex legalities and strict deadlines, requiring professional representation.

Contact a Houston Child Sexual Abuse Attorney Today

If you think your child has been sexually abused at daycare, contact Chelsie King Garza. She can help you file a civil claim to recover medical expenses and to compensate for any pain and suffering you and your child have gone through. Even if there is not enough evidence to prove without a reasonable doubt that the defendant is guilty in a criminal case, you might still have a chance to win in a civil case where the burden of proof is lower.