Institutional Abuse

Some sexual assaults occur in circumstances where the perpetrator is associated with an institution or organization.

Depending upon the facts and applicable law, potential defendants may include:

• schools and school boards;
• churches and religious organizations;
• children's organizations;
• residential institutions;
• employers;
• municipalities;
• police services;
• hospitals and healthcare organizations;
• sports organizations;
• camps and youth programs; and
• other organizations responsible for supervising or protecting vulnerable individuals.

An institution is not automatically liable simply because an employee, volunteer or other associated person committed an assault.

The question is whether there is a proper legal basis for holding the organization responsible. That requires a careful examination of the relationship between the perpetrator, survivor and institution, together with what the institution knew or ought to have known and the legal duties applicable in the circumstances.

Children spend a substantial portion of their lives under the supervision of teachers, coaches and school personnel.

Where a teacher or other school employee sexually abuses a student, a civil claim may potentially involve both the individual perpetrator and the institution.

These cases require an examination of the circumstances surrounding the abuse, the perpetrator’s role, the school’s knowledge and conduct, and the legal relationship between the parties.

Sexual abuse by clergy can involve a profound abuse of trust and authority.

Survivors may have remained silent because of their age, religious beliefs, family pressures, fear of not being believed or the position held by the perpetrator within their community.

Civil claims may potentially be brought against the individual perpetrator and, where the legal requirements are established, the religious institution connected to that person.

A sexual assault committed by a police officer or another person occupying a position of authority raises particular concerns involving power, trust and vulnerability.

Depending upon the circumstances, a civil claim may involve not only the individual officer but potentially a police services board, municipality or other responsible entity.

These cases are fact-specific and require careful legal analysis.

Patients place considerable trust in physicians and other healthcare professionals.

Sexual misconduct occurring in the course of a healthcare relationship can result in both professional disciplinary consequences and potential civil liability.

A civil claim is separate from any complaint made to a professional regulatory body.

Sexual assault can also occur in the workplace.

Depending upon the circumstances, a survivor may have claims against the individual perpetrator and potentially against an employer or other organization.

The availability of a civil claim and the appropriate forum will depend upon the particular facts and employment relationship.