According to a story reported by KTLA news, an assistant school principal in New Rochelle, New York, who recently resigned from his post was arrested and charged last Friday with sexually abusing a 14-year-old student.  According to authorities, Jose Martinez is accused of having "ongoing courses of manual and oral sex" with the male student between March 2010 and June 2010, inside his middle school office.

See the full story HERE.

In California, except where sexual misconduct by on-duty police officers against members of the public is involved, an employer is not automatically liable to the third party for such misconduct.  For example, the courts have held a church is not liable for repeated acts of sexual assault on a minor by the child's Sunday school teacher.  In another California case, a school district was found not liable for their janitor's rape of a student.  However, where it can be shown the employer/public entity was negligent in the hiring, retention and/or supervision of the offender, then liability can be found.  If the employer knew or reasonably should have known of the potential for sexual abuse, but failed to prevent that from occurring, they may be found liable.

Compensation for child victims of sexual abuse and harassment should be an important concern for all Californians.  When an employer is negligent and that carelessness allows a minor to be victimized, the business should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

  • Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.