Protecting sexually abused children

UNITED STATES
Palm Beach Post

By Richard D. Schuler

Question: Do I have a remedy if my child was sexually abused at camp, school or church?

Answer: Child sexual abuse cases present unique challenges, especially when the abuse occurs in an institution that should be protecting children. When the offender is an employee, holding the institution liable is the key to getting justice.

Liability against an institution such as a school or church generally involves either negligent hiring or supervision, both of which would apply to employees and volunteers.

Also, the injured party must first prove that the institution had actual notice of the danger the individual posed or, alternatively, through the exercise of reasonable diligence, the institution would have been on notice that the perpetrator was a danger to the injured child or others. This involves doing a thorough background check.

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