Delaware College and University Sexual Abuse Lawyers: Campus Assault Claims

If you were sexually assaulted or abused while attending a college or university in Delaware, you have more than one path. You can use the school's own Title IX process, you can bring a civil lawsuit, you can do both, or you can do neither. None of those choices requires a police report.

The Sharma Law Firm represents college students and former students in civil sexual abuse and assault claims under Delaware law. This page covers how the campus process and a civil claim differ, the Delaware filing deadlines, and who may be responsible. For the full range of cases we handle, see our Delaware sexual abuse lawyer page.

Campus sexual assault and the people involved

Campus cases take many forms. A student may be assaulted by another student at a party, in a residence hall, or after a date. A student may be abused or harassed by a professor, graduate assistant, coach, athletic trainer, residence life employee, or campus health worker who holds power over grades, scholarships, or playing time. Abuse can also happen during school-run travel, internships, and team activities.

Many campus survivors know the person involved, and many wait before telling anyone. Neither fact prevents a claim. What matters in a civil case is what happened, who was responsible, and what the school knew and did.

Title IX and a civil lawsuit are different things

Title IX is a federal law that applies to colleges and universities receiving federal funding. It requires schools to respond to sexual harassment, which includes sexual assault, and to have a grievance process. Through that process, a school can investigate, issue no-contact orders, change housing or class schedules, and discipline the person responsible. Those supportive measures can matter a great deal while you are still enrolled.

A Title IX proceeding does not award you money damages. A civil lawsuit can. A civil claim may be brought against the individual who caused the harm and, depending on the facts, against the school, an athletic program, or another organization. A school that knew of a risk and responded with deliberate indifference may also face a federal Title IX claim in court, which has its own rules.

You do not have to finish, or even start, a campus process before speaking with a lawyer. Talking with us first can help you decide what to share with the school and when.

Delaware filing deadlines for college students

Most college students are adults, and that shapes the deadline.

• If you were 18 or older, the general deadline for a Delaware civil claim is two years under 10 Del. C. § 8119. The specific claim (assault, battery, negligence, or negligent supervision) and the date it accrued can matter. Treat this as urgent, and do not let a slow campus process run out the clock.
• If you were under 18, as some first-year students and students in pre-college programs are, 10 Del. C. § 8145 permits a civil action for sexual abuse of a minor by an adult at any time, where the conduct would be a Delaware criminal sexual offense.
• If a campus health-care provider abused a child patient, 18 Del. C. § 6856(3)(a) allows a claim at any time.

Delaware's 2007 Child Victims' Act opened a two-year revival window for certain expired childhood claims. That window has closed. Whether § 8145's "at any time" language reaches earlier conduct can depend on the facts and case law.

These are civil deadlines, not criminal ones. Criminal limitation rules vary by offense, and some serious crimes have no limitation period. Federal Title IX claims follow their own rules. If you were 18 or older, if the school may be responsible, if you attend school in Delaware but live elsewhere, or if a campus health center was involved, get Delaware legal advice promptly.

When the college or university is responsible

A school may share responsibility when it ignored earlier reports about the same person, kept an employee in a position of access after complaints, failed to act on known risks in housing or at school-sponsored events, or mishandled a report in a way that exposed a student to further harm.

These cases turn on records the school controls: prior complaints, Title IX files, personnel records, security logs, and communications. We request those records and ask the school to preserve them. If you were abused before college, our pages on high school sexual abuse claims and child sexual abuse claims may apply.

Your conversations with the firm are confidential. Our contingency fee is 33.33% of the recovery, and there is no attorney's fee unless we recover. The firm advances all case costs. If we win, those costs are reimbursed from the settlement or recovery. If we lose, the firm absorbs the costs and you owe nothing. The Sharma Law Firm is veteran-owned, and Hablamos español: paralegals Santiago Araujo, Humberto Buitrago, Lesly Escobar and Paul Barrera Rosales all speak Spanish.

Frequently asked questions

How long do I have to sue after a campus sexual assault in Delaware?

If you were 18 or older, the general deadline is two years under 10 Del. C. § 8119, and the claim and accrual date matter. If you were under 18, 10 Del. C. § 8145 permits an action at any time. Contact a lawyer promptly either way.

Do I have to file a Title IX complaint before I can sue?

No. A Title IX complaint and a civil lawsuit are separate. You can pursue one, both, or neither, and you can talk with a lawyer before deciding.

Can I sue my college, not just the person who assaulted me?

Possibly. A school may be responsible if it ignored earlier reports, failed to address known risks, or mishandled a report. The facts decide whether that claim exists.

Do I have to report to campus police or local police?

No. A civil claim does not require a police report or criminal charges. Whether to report is your decision.

Will my school find out I talked to a lawyer?

Not from us unless you decide to go forward. Your conversations with the firm are confidential.

Will my name be public if I file a lawsuit?

Court filings are generally public, but courts can sometimes allow a survivor to proceed under initials or a pseudonym. We discuss that before filing.

Free, confidential case review. Please don't include sensitive details until we've spoken. Call (302) 781-3077 any time, or use the case review form on this page. Contacting the firm does not create an attorney-client relationship.