EspañolRowland Elementary School Facing Civil Lawsuit After Teacher Jose Martinez (Full Name: Jose Cruz Martinez) Jail For Child Sex Abuse
ROWLAND HEIGHTS, CALIFORNIA (October 4, 2023) – A mother of a child who was sexually abused by Jose Martinez at Rowland Elementary School is taking legal action against the school district.
Los Angeles County officials are saying that the assailant in this case was initially sentenced to five years in prison in 2019. Jose Martinez was convicted of inappropriately touching girls.
In 2023, he was sentenced to an additional 20 years in prison after being convicted of child sex abuse. The mother of the child that was abused is now pursuing a lawsuit against the school district.
Michael S. Carrillo is her attorney in the civil case. He told ABC 7 News, “Mr. Martinez was 55 years old at the time; disgusting vile behavior and for that reason, he was given 20 years in the criminal court. Now we seek justice in the civil case.”
The civil lawsuit accuses Rowland Unified School District of negligence. Among other things, the school district failed to properly report suspected instances of child abuse.
Our law firm is handling the civil case against the Rowland Unified School District. If you are a witness in this case or if your child was harmed by Jose Martinez, your input would be greatly appreciated. You can reach us at 626-799-9375.
We are working tirelessly to hold the school district accountable for their wrongful acts.
Liability For Los Angeles County Teacher Sexual Abuse
Los Angeles County has a particularly poor track record with respect to child sexual abuse. According to the Los Angeles Times, “County officials predicted that they may be forced to spend between $1.6 billion and $3 billion to resolve roughly 3,000 claims of sexual abuse that allegedly took place in the county’s foster homes, children shelters, and probation camps and halls dating to the 1950s.” Schools across Los Angeles have also been plagued by instances of child sex abuse.
- School coaches have lured students into their homes for sexual encounters.
- School teachers have inappropriately touched students.
- School teachers have forced students to engage in intercourse.
Every teacher in California is a mandated reporter. All teachers must report reasonably suspected instances of child sexual abuse. Pursuant to California Penal Code 11164, “Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor.” Sadly, many people in positions of authority never report instances of suspected abuse. They may fear losing their jobs or they may second guess what they saw.
School districts have a legal responsibility to protect students from forseeable sources of harm. Schools should thoroughly vet all prospective teachers and investigate all instances of sexual abuse. As outlined in Virginia G. v. ABC Unified School District (1993) 15 Cal.App.4th 1848, schools can also be liable for the sexual assault of a student if teachers knew (or should have known) about that teacher’s history of sexual abuse and failed to act. Schools should take a number of steps to prevent sexual abuse.
- Teachers should not be isolated with individual students.
- School officials should be able to identify “grooming” behaviors by other school employees.
- Schools should always properly supervise the students in their care.
- Schools should thoroughly investigate all instances of teacher misconduct.
Sexual abuse can be one of the most harmful and destructive things that most children can go through. It can leave them with lasting physical and psychological trauma. Parents often feel helpless after their child has been harmed at school. But it is important that parents understand that they do have rights. They can hold the school district accountable through a civil claim.
Getting Legal Help After Sexual Abuse At Rowland Elementary School
The Carrillo Law Firm, LLP is committed to holding the Rowland Unified School District accountable for the actions of Jose Martinez. The abuse that took place represents failures at multiple levels of leadership. Had school officials properly supervised students and reported instances of sexual abuse, the trauma inflicted on these innocent children may have been avoided.
Have you or someone that you care about been harmed at Rowland Elementary School? Our legal team is pursuing lawsuits against the school district and may be able to help you. We care deeply that victims of child abuse are aware of their rights and that those rights are being protected. Our law firm has a long and extensive history of getting exceptional results for our clients. Whether you just have legal questions or are thinking about hiring an attorney we are here for you. You can reach out to us anytime at 626-799-9375.
