Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In California and other States, parents enroll their children in athletic and youth sports programs. Most volunteers and coaches truly have the best interest of the children in mind when coaching, teaching, and mentoring the children enrolled in the sports program. Children enrolled in youth sports programs often learn valuable life and social lessons in team work, problem solving, strategy, and sportsmanship. Unfortunately, some coaches (especially ones in competitive athletic programs) go “over the line” when attempting to build winning teams.
When a child is abused, molested, or assaulted, there can be legal consequences in the form of a criminal proceeding, administrative proceeding, and / or a civil proceeding. In each legal arena or court, proof or evidence will need to be presented so substantiate the allegations. In some cases, the evidence is overwhelming and a prosecution, conviction, or judgment is strongly supported. In other cases, law enforcement, investigators, prosecutors, government officials, and / or private attorneys are sometimes challenged to find the right evidence to prove the allegations. It should be noted that each State has a set of evidentiary laws as to what evidence is admissible and what evidence is not admissible in a given legal proceeding. As such, what may appear to be a strong case on the face may not be if the evidence is limited or excluded by the Judge. Because of the intricacies of the legal proceedings including those related to evidence, it is often times helpful to have the advice, consultation, and legal representation (when appropriate) of a 
In most communities, there are dedicated and sincere individuals who devote a great deal of time to the education and betterment of children. Tutors, dance teachers, and music teachers certainly help enrich the lives of children lucky enough to get tutelage and instruction in the academics and / or the arts. Lessons and practices are frequently done after school and weekends. Many such sessions occur at the home of the child, home of the teacher or tutor, or another location. Often times, a child is left alone with the teacher or tutor. It should be noted that the majority of tutors and teachers are kind hearted individuals who truly care about the well being, safety, and advancement of the child’s education.
Parents work hard (day and night) to provide for and protect their children. It is the hope and prayer of every parent that a child is safe at home, school, church, and the neighborhood. Unfortunately and tragically, children are, at times, molested, attacked and harmed in their own neighborhoods. The perpetrator may be a new neighbor or one that has lived in the neighborhood for years. Some may have a criminal background and have committed crimes. However, many predators go undetected or uncaught for years upon years and even a lifetime.
In California and other States, schools are staffed with conscientious teachers and staff members. Most teachers and aides are dedicated to their work and educate the students in a diligent and professional manner. Unfortunately, at times, teachers and aides use poor judgment and violate the rights of the students under their supervision. While teachers should be given some latitude and freedom to teach a class, some teachers and aides go “over the line” in their approaches to educate and discipline the students in their classrooms. In some instances, whether a teacher went “over the line” is a close call. In other situations, it is abundantly clear that a teacher went “over the line” and action should be taken to address the wrong.
As parents, we do our best to protect our children and provide a safe environment for them. Unfortunately, there are some risks and dangers that cannot be foreseen or anticipated by a parent. One such incident recently took place in Bellingham, Washington. It was reported that a man punched a baby in the face in a senseless attack for no apparent reason. The child was four months old and was hit so hard that the child needed treatment a a local hospital. Witnesses as well as responding law enforcement officers were quite shocked by the incident. You can read more about this tragic and unconscionable attack on this child at 
Evidence can be presented in different forms and a civil or criminal case involving the molestation or an abuse of a child. A controlled recorded telephone call or a wiretap can serve as evidence in these cases. A controlled recorded telephone call or a wiretap is set up and coached to some extent by the police or investigators.
In every state, there are laws in place that set forth the time limits, restrictions, procedures in which a criminal case or a civil personal injury case can be filed when a child is victimized by a molestation or abuse incident.
DNA profiling for use in criminal and civil case investigations was developed in 1984 and first used as part of the forensic science to convict a Defendant in a murder case in 1988. DNA can be obtained from a variety of sources including hair, saliva, skin, semen, and blood.
When a child is subject to the abuse or molestation by adult teacher, coach, teacher’s assistant, volunteer, neighbor, or other person, DNA evidence can be used to establish a case or claim against the perpetrator and possible other entities. DNA evidence is not always available or collected in each case. Because the DNA evidence can be a powerful tool in helping establish a civil or criminal case involving the abuse or molestation of a child, investigators will typically inquire and research whether DNA evidence can be obtained. There are various sources of DNA evidence following the abuse or molestation including the following: