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Can you file personal injury claims for sexual assault and recover for damages?
An 8-year old boy is sexually molested by a priest in his hometown's church. Can he file a personal injury claim against the pastor's employer?
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The child's representative may file a civil suit both against the perpetrator of the Sexual Assault as well as entities or third parties who owe a duty of care to the plaintiff and are thus responsible for the ensuing damages. The law in California and other states allows rape victims to sue third parties, such as a religious institution, by virtue of their relationship (i.e. employee, agent) relationship to the defendant, for their failure to implement measures to prevent the sexual assault. The criminal conduct must have taken place through an 'exploitation of a relationship' over which the church exercised some control. The third party must have actual or constructive knowledge of the defendant's past illicit sexual conduct and failed to take preventative steps to prevent future unlawful acts by the defendant.
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Posted by Yara Zakharia on 21 Jan 2010
1 person found this useful
(3 Votes)