Child Injury Lawyer Blog
By Robert Erben, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network
In most communities, there are dedicated and sincere individuals who devote a great deal of time to the education and betterment of children. Tutors, dance teachers, and music teachers certainly help enrich the lives of children lucky enough to get tutelage and instruction in the academics and / or the arts. Lessons and practices are frequently done after school and weekends. Many such sessions occur at the home of the child, home of the teacher or tutor, or another location. Often times, a child is left alone with the teacher or tutor. It should be noted that the majority of tutors and teachers are kind hearted individuals who truly care about the well being, safety, and advancement of the child’s education.
Unfortunately, there are molesters and predators who use these very positions of trust to prey on child. These molesters and predators are very clever and are able to play the trusted individual only to abuse, neglect, or molest the children entrusted to their care, supervision, and education.
In California and other States, schools are staffed with conscientious teachers and staff members. Most teachers and aides are dedicated to their work and educate the students in a diligent and professional manner. Unfortunately, at times, teachers and aides use poor judgment and violate the rights of the students under their supervision. While teachers should be given some latitude and freedom to teach a class, some teachers and aides go “over the line” in their approaches to educate and discipline the students in their classrooms. In some instances, whether a teacher went “over the line” is a close call. In other situations, it is abundantly clear that a teacher went “over the line” and action should be taken to address the wrong.
As parents, we do our best to protect our children and provide a safe environment for them. Unfortunately, there are some risks and dangers that cannot be foreseen or anticipated by a parent. One such incident recently took place in Bellingham, Washington. It was reported that a man punched a baby in the face in a senseless attack for no apparent reason. The child was four months old and was hit so hard that the child needed treatment a a local hospital. Witnesses as well as responding law enforcement officers were quite shocked by the incident. You can read more about this tragic and unconscionable attack on this child at 
Evidence can be presented in different forms and a civil or criminal case involving the molestation or an abuse of a child. A controlled recorded telephone call or a wiretap can serve as evidence in these cases. A controlled recorded telephone call or a wiretap is set up and coached to some extent by the police or investigators.
In every state, there are laws in place that set forth the time limits, restrictions, procedures in which a criminal case or a civil personal injury case can be filed when a child is victimized by a molestation or abuse incident.
DNA profiling for use in criminal and civil case investigations was developed in 1984 and first used as part of the forensic science to convict a Defendant in a murder case in 1988. DNA can be obtained from a variety of sources including hair, saliva, skin, semen, and blood.
When a child is subject to the abuse or molestation by adult teacher, coach, teacher’s assistant, volunteer, neighbor, or other person, DNA evidence can be used to establish a case or claim against the perpetrator and possible other entities. DNA evidence is not always available or collected in each case. Because the DNA evidence can be a powerful tool in helping establish a civil or criminal case involving the abuse or molestation of a child, investigators will typically inquire and research whether DNA evidence can be obtained. There are various sources of DNA evidence following the abuse or molestation including the following:
In Ohio and other States, children may be at risk for molestation, abuse, and / or bad acts of voyeurism in the locker room of schools. Because of these risks, it is important that school districts and administrators set forth policies and procedures for each school to follow as to the presence and conduct of both school employees and the children as to locker room use. There should be a separation of the children from the adult employees and some kind of provisions put in place for the privacy of the children. Furthermore, it is important that schools complete proper background checks on all employees, coaches, trainers, and volunteers involved with physical education and / or any sports activities conducted in or by the school.
In most sports, there are boundaries that define the playing field or area including the following:
In the State of Connecticut, the Department of Children and Families now requires that medical providers review medical records and complete a full physical exam for all children under the age of 6 years old who seek medical treatment for an injury. The purpose of such requirements is to protect potential young victims of abuse and neglect. You can read more about this topic at