It’s quite shocking to know that children of secondary school age are commonly accused of sexual misconduct. This has become a common challenge for students, parents, and faculty if it involves an educational environment.
If your teen has been accused of sexual assault, it can be a pretty traumatic experience for you and your child. These allegations come with severe consequences, which shouldn’t be taken lightly. Being a parent, you will also struggle to find what to bear in mind and how to deal with this challenging time.
But don’t worry anymore! This guide is going to shed light on some basic and crucial steps that need to be taken to navigate this situation.
1. Take the Matter Seriously
This may appear quite obvious, but when involved in any allegations of sexual misconduct, you need to take every fact seriously. No matter how outlandish and or even minor the allegations may appear, you cannot take these lightly for a moment.
Every educational facility, whether private or public, has in place procedures for dealing with sexual misconduct. These usually oblige the school to swiftly investigate any allegations said to have taken place either on school grounds or where the children concerned are.
The school might also investigate the alleged misconduct if it has the potential to bring the school into disrepute. The whole process can be quite emotionally draining, but it could bring light to the truth.
2. Maintain an Appropriate Distance
The allegations of sexual misconduct are made mainly by someone the accused person is aware of: a classmate, friend, or peer.
Being a parent of an accused child may make you tempted to protest for the loved one’s innocence. However, this is an understandable reaction, so it is essential for you not to make any contact with the complainer, their family, or close friends.
It is advised to avoid contacting the complainants or their loved ones over the phone, email, or in person. This could be taken as an interference in the investigation process, which could potentially harm your own case.
Therefore, do your best to maintain an appropriate distance with the complaints.
3. Beware Of Social Media
In today’s fast-paced world, where everything is connected, social media could bring harm to your case. In situations like sexual allegations, schools, the police, and social services are all obliged to ensure they do not publicly identify their complaints or accused individuals.
Moreover, the criminal courts also grant life-long anonymity to complaints of sexual offenses with rare exceptions. However, while these restrictions are generally effective in preventing the establishment of media, the rules are not applied to the playground.
Therefore, it is your job to keep yourself away from social media. Ask your child to close all their social media channels and switch them off as far as possible. Remember, the online posts and messages that are designed to be helpful or supportive won’t leave a positive impact on your child.
4. Preserve the Evidence
After an accusation of sexual assault, it is natural to switch into panic mode. During this time, it is expected that your child might try to remove anything they have on their mobile to erase the chats and emails. This is natural as they will want to keep it all hidden, and that’s the only way for them to do it.
However, it is advised not to give in to the temptation to hide anything. Whatever your child tries to hide will come under the light someday. Whether it does or doesn’t, the investigator can tell when something has been deleted.
This will make your child look more incriminating even if they are not. The evidence you will find will actually help your child and can be invaluable. Depending on the circumstance your child will be facing, it is advised to hire an independent investigator to conduct interviews and gather all the evidence for the case.
5. Know How School Investigations Work
When it comes to school investigations, the process can vary in size, scope, and rigor. Depending on the nature of the allegations, the school may do things differently. Therefore, there is no one true guide explaining how to engage with school investigations.
However, there are some broad principles that you can consider as a parent to handle the situation effectively:
The school investigations are usually carried out internally by a member of the school staff. In this case, the individual may or may not have special training and skills. And
Some schools are known for providing the accused pupil with a named staff member who is intended to assist the accused child. There is a chance that the person may or may not be appropriately independent.
6. Prioritise Any Police Investigation
Having said that, most schools will refer any allegations of serious sexual assault to the police. Anyone in this situation should be aware of the important differences between police investigations and those carried out by schools.
You might have an immediate concern with the school, but a police investigation has far more serious consequences that you cannot take lightly.
So, if you’re contacted by the police as to an allegation as a parent, it is advised to agree in principle to attend a voluntary interview outside school hours. Doing so may avoid the necessity of your child being arrested for the accusations.
7. Get Help from an Experienced Title IX Attorney
Remember, the proceedings based on accusations of Title IX and school disciplinary policy violations are handled differently. In this challenging time, the best defense you can prepare for your child is hiring the most experienced and trained Title IX attorney.
Keep in mind that the pace is much faster in a Title IX case, and opportunities for the defense are limited. Before you miss the chance, consider contacting a local attorney for help. For example, if your child has been sexually accused in Los Angeles, you can start looking for a Title IX Defense in Los Angeles for the defense.
This way, you can have the legal expertise in this area by your side to plan the defense, protect the rights of your child, and maintain their welfare. However, ensure that the lawyer you are hiring is dedicated and has a proven track record of success in such cases for your own peace of mind.
