EspañolEl Cajon Driving Instructor Richard Banks, Who Went By (“Joseph” Banks), Arrested Following Allegations of Sexual Abuse Involving Students at American Driving School
EL CAJON, CALIFORNIA (January 12, 2024) – An East County driving instructor identified as Richard Banks, who went by Joseph, has been arrested on suspicion of sexually abusing and recording students.
San Diego County officials are saying that the defendant was an instructor at American Driving School in El Cajon. Richard Banks has been accused of molesting students during lessons and secretly recording them with hidden cameras.
Most of the victims were underage teenage girls. Capt. Mike Holden has told reporters that his office has identified 11 victims so far. However, they are looking into the possibility that there are additional unidentified victims related to the case.
The owner of American Driving School said that Richard Banks was immediately suspended when the police notified them of their investigation. He has since been booked into the Vista Detention Facility on suspicion of child abuse and molestation, sexual battery and possession of child pornography.
A full investigation remains ongoing at this time.
Liability For Student Sexual Abuse In San Diego County
Sexual abuse is far more common than many people may realize. Many instances of sexual misconduct involve driving instructors. According to The Guardian, “Calls have been made for driving lessons to be recorded after it was revealed more than 200 learner drivers accused their instructors of sexually inappropriate behaviour last year. The Driver and Vehicle Standards Agency (DVSA) received 246 allegations of indecency, sexually inappropriate behaviour or harassment from April 2018 to March this year, a threefold increase on the 75 complaints in 2015-16.” There are a number of reasons that driving students may be more susceptible to abuse.
- Driving schools often lack proper oversight and reporting mechanisms.
- Students in driving schools are often isolated with instructors for long periods in a one-on-one setting.
- Cars are inherently more confining than houses or classrooms. If a student is driving down the road, they can’t simply exit the vehicle at a moment’s notice and leave.
Pursuant to California Penal Code 288, it is a crime for a person to commit any lewd or lascivious act on a child under 16 years of age. This includes touching a child’s body for sexual purposes. It is not necessary for the touching to be on bare skin. According to California Penal Code Section 647(j)(2), it is illegal for any person to use a concealed photographic camera to film the body of or undergarments of another person without their consent. Filming in such a circumstance to gratify sexual desires leaves the person filming vulnerable to civil and criminal liability.
Depending on the facts of any case, a driving school could be liable if one of their instructors sexually abused a student. Schools have a legal obligation to protect students from reasonably foreseeable sources of harm including sexual abuse. To that end, schools must enforce all rules and regulations necessary for their protection. There are a number of steps that schools should take in order to protect students from sexual abuse.
- Schools should perform a thorough background check on all of their instructors and employees.
- Schools should have clear guidelines for appropriate behavior involving students.
- Schools should have a zero tolerance policy related to sexual abuse.
- Schools should have easy reporting mechanisms when sexual misconduct does take place.
The vast majority of the sexual abuse that takes place is preventable. By the time any teacher is arrested for sexual abuse, there were likely dozens of red flags that were missed. Teachers are required by law to report any reasonably suspected instance of child abuse, but this does not always take place. It is important for abuse victims to understand that they do have rights. The family of any child that is sexually abused at school may have legal recourse through a civil claim. A sexual abuse attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating Sexual Abuse At The American Driving School In El Cajon
We at the Carrillo Law Firm, LLP extend our best wishes to all of the students who may have been harmed by the actions of Richard “Joseph” Banks. There needs to be a thorough investigation into what happened. Any person that may have more information should reach out to the police. There needs to be some accountability for the sake of all of the victims and their families.
Have you or someone that you care about been sexually abused by a driving instructor? You may have legal recourse. Our team of sexual abuse attorneys are here to help in any way that we can. We are committed to protecting the rights of abuse victims and holding their assailants responsible. In fact, our law firm has consistently achieved some of the highest settlements related to sexual abuse in California history including a record $139.5 million settlement in A.M. v. LAUSD. 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.
