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School is supposed to be a safe place where children can learn, grow, and feel supported. However, for one student in the Escondido Union High School District, school became the setting of unthinkable trauma. While in a classroom and without proper supervision, he was sexually assaulted by another student who had a known history of behavioral problems.
What happened to this child should never have been allowed. And after the assault, the school district questioned the verbally-challenged child’s story and made an already painful situation even harder for him and his family.
That’s when Thorsnes Bartolotta McGuire stepped in to help. Attorneys Vince Bartolotta and John O'Brien fought to uncover the truth and to make sure this child would not be forgotten or ignored. In the end, our team secured an $8 million settlement, ensuring he has the care, therapy, and support he needs for the rest of his life.
For over 47 years, our team has been a trusted ally to survivors of sexual abuse, fighting so that their stories of bravery and resilience are not unjustly swept away. If you or someone you love has experienced this trauma, you can reach out to us online or by calling (619) 236-9363 today for a fully private and free case review.
Background of the Assault
This tragic event unfolded when a young autistic student was left unsupervised in a classroom. While the teacher stepped away to use the restroom, the student was left vulnerable in a situation where he should never have been alone with this particular student. During this time, this other student, who had a known history of behavioral issues, committed a serious and harmful act of sexual battery against our client.
The student who caused the harm had previously displayed troubling behavior toward other students, including the victim. Despite these warning signs, the school failed to intervene and take proper action. Prior incidents between the two students should have alerted the school to the need for heightened supervision and separation.
The School District’s Egregious Failure
After the horrific incident occurred, the response from the Escondido Union High School District was deeply troubling. Rather than taking responsibility for the safety of the students in their care, the district initially denied that the assault had even taken place, leaving our client isolated and unsupported.
As the case moved through the legal process, it became clear that the school district's approach was one of defensiveness rather than accountability. School staff members provided inconsistent and contradictory statements during discovery, further undermining the credibility of the district’s claims.
Their conflicting testimonies raised serious questions about the district’s internal communication and commitment to transparency. Instead of accepting responsibility and working toward solutions, the district chose to dispute the facts, adding to the trauma and confusion for the victim and his family.
Perhaps most concerning of all was the district’s failure to recognize the severity of the impact the assault had on the victim. Some officials went as far as downplaying the harm caused by the assault, suggesting that the trauma the child endured was no worse than the struggles he already faced due to his autism.
This lack of empathy and understanding was shocking, as it ignored the very real emotional and psychological damage the young boy suffered as a result of the abuse.
The importance of this case cannot be overstated. Schools have a duty to ensure the safety of every child, and justice must be pursued when that duty and trust are violated. This case sends a clear message that no child should suffer in silence, and no institution is above accountability.
If your child has experienced abuse or harm in a school or other institution, know that Thorsnes Bartolotta McGuire will stand beside you. Call us at (619) 236-9363 or fill out our quick online form to schedule a fully confidential, no-obligation case review.
Beyond the Classroom: The Deep Emotional Wounds Left by Abuse
The sexual assault left a lasting impact on this young boy’s life, one that has only compounded the challenges he already faced due to his autism.
Before the assault, he was a bright, eager student who loved school and engaged with his peers. But after the traumatic event, everything changed. He struggled to process what had happened, and instead of finding comfort at school, he began to feel increasingly unsafe and isolated.
The assault triggered intense feelings of helplessness, and he became consumed by repetitive thoughts of the incident, sadly blaming himself for what took place. Eventually, he was forced to withdraw from school altogether and now exhibits extreme social anxiety, particularly when he is separated from his caregiver, his grandfather.
The impact on his mental health didn’t stop there. His struggles with sleep worsened, symptoms tied to his autism heightened, and he has suffered severe regression due to the sexual battery.
As a result, he now requires extensive and specialized psychiatric and therapeutic care. Our client will endure severe emotional and physical injuries for the rest of his life. He will need ongoing therapy for speech, workability, and community engagement, as well as housing assistance and psychiatric care.
However, the settlement opens the door to intensified, individualized care from psychiatric experts specializing in autistic clients and a structured, specialized environment, giving our client the best chance of living a fulfilling life.
The Legal Battle for a Child’s Future
From the moment Thorsnes Bartolotta McGuire took on this case, attorneys Vince Bartolotta and John O'Brien committed to ensuring that the young boy’s voice would be heard, even when the school district tried to silence him.
The legal battle was not an easy one, as the school district attempted to downplay the severity of the sexual assault. But the team at Thorsnes Bartolotta McGuire did not stop until the true extent of the child’s suffering was brought to light.
We argued that the young boy deserved the care and treatment needed to heal and rebuild his life, rather than being placed in an institutionalized setting that would worsen his trauma. Our team secured a structured settlement valued at over $12 million. This settlement, which will provide lifelong financial support, guarantees that the child will have access to the expert care he needs for the rest of his life.
Thorsnes Bartolotta McGuire Stands Strong for Survivors
For over four decades, Thorsnes Bartolotta McGuire has advocated for survivors of sexual abuse and anyone who has suffered injustice, securing over $2 billion in verdicts and settlements for our clients.
Notable cases include Attorney John O'Brien’s $20 million award for victims in the GirlsDoPorn.com case, leading to federal charges, and Attorney Vince Bartolotta’s representation of victims in the case against a tennis coach who molested young students.
Recognized as a top-tier law firm in personal injury, sexual abuse cases, and more, our firm has a proven history of fighting for vulnerable individuals.
If you or a loved one has experienced similar trauma, know that you are not alone. Thorsnes Bartolotta McGuire is here to help, providing confidential support every step of the way. Whenever you are ready, you can get in touch with our team online or by calling (619) 236-9363 today.