Philadelphia Sexual Assault Lawyer

Holding Negligent Institutions Accountable for Abuse

In many sexual assault cases, the responsibility for the crime extends beyond the actual perpetrator. Unfortunately, there are many scenarios in which organizations and businesses engage in negligent practices that contribute to creating an unsafe environment. In some instances, there is even intentional harm in the form of a cover-up.

Laffey Bucci D’Andrea Reich & Ryan investigates whether institutions contributed to or enabled abuse through negligent actions or omissions, including:

Schools and Universities: If a school ignores bullying allegations or complaints of assault or abuse by teachers, coaches, or peers, it can be held liable.

Religious Organizations: Any religious organization that fails to prevent, report, or address misconduct by clergy can be named as a defendant in a civil complaint.

Hospitals and Nursing Homes: If the heinous assault happened at a nursing home, the hiring, training, and security practices of that facility can be called into question.

Youth Programs and Camps: When an assault occurs at a youth program or summer camp due to negligent supervision, failure to conduct background checks, or failure to address staff misconduct, those organizations may be found partially responsible for the act.

Commercial Property Owners: If the assault occurs at a venue such as a bar or nightclub, the property owner may be held accountable for inadequate security. The same can be said of an apartment building owner who doesn’t repair doors or provide adequate lighting.

Identifying who can be held accountable for an assault is crucial for filing a thorough claim.

Why Does Unwanted Sexual Activity Occur?

Perpetrators see a window of opportunity to take advantage of others:

• This may happen because they’re left to care for a child alone, they notice someone following a certain pattern when exiting an office building at night, or because a person is deaf or immobile, making it challenging for them to get attention or fight off the advances.
• The targeted victims are in a position of vulnerability. This is often why this sexual abuse targets minors, those with mental or physical impairments, the incarcerated, the elderly, and employees, as they all may have certain limitations or be in a subservient role.
• The perpetrator takes advantage of the trust of the person they are targeting. An estimated 80% of accounts of sexual violence are committed by someone the victims know, including by partners and family members, per RAINN.

There is no justification for sexual assault, and it is never the fault of the person taken advantage of. The reason behind each case can vary wildly, but the simple fact that someone was hurt remains the same.

Why Victims Often Delay Reporting the Assault and Abuse

Often, the abuse that victims have endured has long been left to fester. It’s not uncommon for those who were assaulted as children not to address that mistreatment until they’re adults. It may be some time after an adult is sexually abused before they come forward and say anything, or it becomes apparent to others. Why is this?

Depending on the ages of kids, they may not understand between right and wrong to know what happened shouldn’t have. By the time they understand that as teens or adults, this may be when they finally come forward and say something.

Some victims may have been told by perpetrators not to say anything. They may only gain the courage to do so through the encouragement of a mental health counselor or other trusted confidant. In other cases, it may take others stepping forward and making similar allegations against the person who hurt them or because their abuser is no longer able to directly interact with them through incarceration, death, or some other reason.

While the thought of coming forward may seem like an impossibility at the moment, it’s the first step in the right direction to taking back your life and living it on your own terms. Reporting what happened is necessary so you can get the treatment you need to feel better, and so the person who harmed you can be brought to justice.