Can an Institution Be Held Liable for Sexual Abuse?

Item: The Law Office of Andrew Shubin
Rating: 5
Author: Tina L

HOW WE CAN HELP GET YOUR FREE CONSULTATION

Fighting For Important Causes In State And Federal Courts

While individual people usually commit sexual abuse, the institutions behind those people can sometimes be held responsible. If you were sexually abused, talk to your attorney about possibly including an organization or institution in your lawsuit for damages.

Holding institutions responsible for sexual assault is not as unusual as it sounds. Institutions, including schools, universities, and religious organizations, are frequently implicated in sexual abuse claims across the country. Generally, the institution should somehow be involved in the acts of abuse. This might include learning of the abuse and doing nothing to stop it or even actively covering up the abuse to protect the institution. Holding private institutions responsible is arguably easier than holding public institutions responsible. Public institutions like schools or governmental entities usually enjoy some degree of immunity, although immunity might be waived under certain conditions. We need evidence to hold an organization or institution liable for sexual abuse. The evidence should somehow connect the institution to the abuse in a significant way. A lawyer can help you.

Reach out to our sexual abuse attorneys for a free initial case assessment by calling The Law Office of Andrew Shubin at (814) 826-3586.

Institutions That May Be Held Liable for Sexual Abuse?

Holding an institution responsible for sexual abuse might sound strange, but it happens more often than many people realize. If you believe that an organization or institution is connected to your sexual abuse case and should be held accountable, talk to your lawyer right away.

Schools

Institutions held responsible for sexual abuse are often institutions responsible for children. Unfortunately, sexual abuse against children is not uncommon, and places like schools are often held responsible for the abuse, at least in certain cases.

A school must somehow be connected to sexual abuse to be held liable. If you were abused by a teacher, administrator, or some other school employee or faculty member, there is a chance our sexual abuse attorney can help you have the school held responsible. Schools have a very high degree of responsibility for the kids in their charge.

Universities

Sexual abuse on university campuses is also a more common problem than many people realize. Perhaps the biggest difference between sexual abuse cases involving schools and universities is the age of the victims. At most schools, students are below the age of 18. Sexual activity of any kind between students and faculty is likely illegal. At a university, students are usually adults. While sexual activity between students and faculty at a university might be frowned upon, it is not necessarily illegal or always abusive. As such, holding the university responsible might be more challenging.

One of the most important aspects of a case involving a university is whether the abuse was reported to the university. If the institution had knowledge of the abuse and did nothing to stop it, you might have a stronger case. If no reports were ever made – which is a common problem in sexual abuse cases – your case might be harder to prove.

Religious Organizations

Another common institutional culprit in sexual abuse cases is religious groups. Churches and the larger religious organizations that govern them have made headlines in recent years regarding sexual abuse cases. For example, in 2023, the Catholic Archdiocese of Baltimore filed for bankruptcy, which many believe is a response to a recent Maryland law that allows sexual abuse survivors to bring civil claims regardless of how long ago the abuse took place.

One of the biggest problems for plaintiffs filing sexual abuse claims against religious institutions is finding evidence. These types of institutions tend to be rather closed off. When church employees are suspected of abuse, church leaders might pressure victims into silence and take steps to erase evidence of the abuse.

Holding Private and Public Institutions Liable for Sexual Abuse

Not all institutions are the same. While some are privately run, such as religious organizations and many universities, others are governmental entities. For example, public schools are considered governmental entities, and suing them for sexual abuse may be harder, depending on whether they have immunity from liability.

Private Institutions

It is arguably easier to hold a private institution liable, especially if we can prove the abuse occurred at the institution and was committed by an employee. This is because private institutions and organizations do not normally have special immunity. You may sue a private institution the same way you might sue a private person.

For example, if you were a child at a private high school when a teacher sexually abused you, it might be easier to hold the school liable. If the school had reason to know that the abuse was happening and did little to stop it, we might be able to hold the school liable. Alternatively, if the school created or fostered an environment that made it easier for the abuse to happen, the school should be held liable.

Public Institutions

A public institution, like public schools, often has a certain degree of immunity from liability. This is because governmental entities and agencies must be able to do their jobs without worrying about the consequences of unintentional mistakes. However, even governmental immunity has limits.

Our attorneys can check your state’s Tort Claims Act. This law might describe how a plaintiff can sue a governmental entity and the limits of that entity’s immunity. In some states, there are specific exceptions for public schools and sexual abuse claims. Federal law might also help you hold a state institution liable.

Evidence Necessary to Hold an Institution Liable for Sexual Abuse

Proving sexual abuse claims is notoriously difficult. Evidence is often scarce, as many plaintiffs wait years before coming forward with claims. Holding an institution liable for sexual abuse may be even more difficult, as we need extra evidence that not only proves the abuse happened but that the institution is somehow implicated.

Did the institution create an abusive environment? Even if they did not endorse or even know about the abuse, an institution might be responsible if they created an environment where sexual abuse could easily take place.

Did the institution know about the abuse? Tell your lawyer if you filed reports about the abuse with the institution. There should be records of such reports with the institution. If you have copies of emails or letters regarding these reports, give them to your lawyer.