Establishing Institutional Liability for Sexual Abuse: Standards, Defenses, and Damages

Institutional sexual assault or sexual abuse occurs when someone in authority abuses their power to molest or assault a victim sexually. It can also arise if the institution fails to protect someone it was supposed to protect or fails to take reported allegations seriously.

The institution's civil liability is generally premised on negligence and vicarious liability and requires proving duty, breach, and damages. Examples of evidence that an institution breached its duty include failure to perform background checks, follow up on prior reports of sexual misconduct, or institute effective security measures. Other factors that influence liability include the form and criminality of abuse, the victim's age, the number of victims, the relationship between the victim and the institution, and the legal or practical ability of the victim to consent.

Consent and lack of foreseeability are common defenses, but strategies exist for piercing them. Counsel must also be careful not to void insurance coverage. Criminal proceedings often run parallel to the civil case.

Listen as this esteemed panel of attorneys guides counsel through holding an institution civilly liable for sexual abuse.