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KBA Victory for School Sex Abuse Survivor – KBA Partner Whitney Butcher Wins Motions Practice

  • July 25, 2024
  • KBA Attorneys
  • No Comments

Teacher-student sex stories abound. It seems we see reports of, teacher sleeps with student, every week during the school year. Sexual assault as an educational institutional are troubling for society, true breaches of trust.

The lawyers at KBA represent sex abuse survivors in various situations, including schools. KBA Partner, Whitney Butcher, is one of the KBA attorneys fighting these battles. She just secured a significant victory for one of our clients.

DC Circuit Court Allows Sex Assault Claims to Continue Against DC Schools

KBA has fought for this client for several years. Partner Whitney Butcher labored for hours on the briefing. She secured a good ruling for KBA’s client.

Landmark Victory in School Sexual Assault Case: Justice for Survivors

KBA received a landmark decision in Perez v. KIPP DC Supporting Corp. and Capital City Public Charter School. The U.S. District Court for the District of Columbia recently issued a pivotal ruling in this case. This decision exemplifies the power of dedicated legal advocacy in the fight for justice, particularly for survivors of sexual abuse in school environments.

Courageous Fight for Justice

Shanique Perez, a brave and resilient plaintiff, sought damages for the horrific sexual abuse she endured as a minor at the hands of her teacher. Initially, KIPP DC employed him. That is where the abuse started.

He then moved to Capital City Public Charter School. To be clear, Ms. Perez was not a student there, but the abuse continued. We allege that school knew, but did not do enough to protect her.

Long-Term Pain

The teacher’s misconduct had a lasting impact on Perez. Her journey for justice began years ago, but her initial case was dismissed due to statutory limitations. However, with the enactment of the Sexual Abuse Statute of Limitations Amendment Act of 2018 in Washington, D.C., Perez found renewed hope and turned to KBA for legal representation.

Overcoming Hurdles

The Court’s recent order meticulously addressed multiple motions, showcasing the complexity and intensity of the legal battle. Both KIPP DC and Capital City sought dismissal of Perez’s claims, arguing procedural and substantive grounds. The Court, however, denied significant portions of these motions, allowing key claims to proceed. This decision underscores the importance of persistence and thorough legal strategy in overcoming procedural barriers.

Ms. Perez’s motion to amend her complaint was largely granted, enabling her to fortify her allegations with additional factual details. This was crucial for her gross negligence and intentional infliction of emotional distress claims, highlighting the necessity of detailed factual allegations in advancing substantive claims.

The Path to Victory

This victory highlights several critical legal issues and the skills employed to achieve success. The case underscores the importance of understanding and applying newly enacted statutes to revive previously time-barred claims. This showcases the legal ingenuity and perseverance required to navigate complex legal landscapes and secure justice for survivors of school sexual assault.

The Defendants raised substantial constitutional arguments, which KBA Partner Whitney Butcher navigated well. Her expertise and dedication played a crucial role in overcoming these challenges. This underscores importance of skilled legal representation in teacher student sex cases – school sex abuse cases – cases against educational institutions.

What’s Next: Preparing for Trial

The case is set to proceed with a revised schedule for discovery and dispositive motions. The upcoming phases will be crucial as both sides prepare for a potential trial, where the resilience and courage of Shanique Perez will be on full display. The dedication of her legal team will continue to be a driving force in seeking justice.

For more information on how KBA can assist in school sexual assault cases involving teachers and students, contact us for a consultation. We are dedicated to fighting for justice and ensuring that survivors have a voice.