If you or someone you care about has experienced sexual abuse in an institutional setting, it’s important to understand that justice is within reach. Abuse in places like schools, churches, or youth organizations isn’t just the fault of the abuser; the institution may also bear responsibility. These organizations have a duty to protect the people they serve. When they fail to do that, they can be held accountable. In this blog, we’ll explain how liability works in these cases and what you need to know about pursuing a claim against both the abuser and the institution involved.
Types of Institutional Negligence
Institutional negligence in sexual abuse cases can occur in various ways, especially when an organization fails to take reasonable steps to protect individuals in its care. Here are some common types of negligence:
- Failure to conduct background checks: Institutions may allow abusers into positions of trust without properly vetting them, creating opportunities for abuse.
- Ignoring complaints or warning signs: When survivors, staff, or others raise concerns, the institution may fail to investigate or take appropriate action.
- Failure to enforce policies: Institutions are often required to have procedures in place to prevent abuse, but negligence occurs when they don’t follow or enforce those guidelines.
- Inadequate supervision: Leaving individuals in situations where they can be harmed due to lack of proper oversight can lead to liability.
- Covering up abuse: Some institutions may prioritize protecting their reputation over the safety of those involved, resulting in the concealment of abuse allegations.
Each of these failures can expose the institution to liability for neglecting its duty to protect individuals from harm.
Evidence to Prove Institutional Liability
Proving institutional liability in sexual abuse cases goes beyond showing that the abuse occurred. It requires demonstrating that the institution’s actions—or lack of action—allowed the abuse to happen or continue. Solid evidence showing that the institution was negligent in its duties is needed to build a strong case.
Key types of evidence include:
- Internal reports or complaints: If complaints about the abuser were previously filed but ignored, those documents can help prove that the institution knew about the risk and failed to act.
- Emails and communication records: Internal communications showing awareness of the abuse or discussions about covering it up can demonstrate that the institution was complicit or negligent.
- Testimony from other survivors or witnesses: If others have also experienced abuse within the same institution, their accounts can support your case and show a pattern of negligence.
- Failure to update policies: In some cases, institutions may only implement safety protocols after the abuse has been reported. These changes can serve as evidence that the institution knew about its failures.
- Records of previous incidents: A history of similar complaints or incidents against the institution may suggest a culture of negligence contributing to the abuse.
How Institutions Defend Themselves
Institutions often attempt to distance themselves from the actions of the abuser by claiming they were unaware of the abuse or that they took appropriate action once they learned of it. They may argue that they had no knowledge of any complaints or that the abuser acted independently without their involvement. Some institutions may highlight the steps they took to address abuse, such as suspending the accused or conducting an internal investigation. However, these defenses can fall short if we can show that the institution failed in its duty to protect individuals by neglecting obvious warning signs or complaints.
Contact an Experienced Florida Institutional Sexual Abuse Attorney
At Lehrman Law, we are committed to holding both abusers and negligent institutions accountable for the harm they cause. We will work with you to gather evidence, build a strong case, and seek the justice you deserve. We understand the complexities of these cases and will guide you through every step. If you or a loved one has been affected by institutional sexual abuse, contact us today for a confidential consultation. Let us help you find a path toward justice.