Protecting Sexually Abused Children

By Richard D. Schuler
Palm Beach Post
March 30, 2013

http://www.palmbeachpost.com/news/news/crime-law/protecting-sexually-abused-children/nW7tD/

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.

To be successful in obtaining a result that the child and parents deserve, one has to prove that the defendant should have had knowledge of the abuse, or was indifferent to the risk to children. This requires in-depth discovery, knowing what rules the institution broke, explaining what was wrong with what the institution did, and telling a jury what the defendant should have done to avoid this catastrophic damage to a child.

Demonstrating how the abuse has affected a child can be extremely delicate and often requires family and physician testimony.