Unfortunately, allegations of sexual abuse keep coming to light in the media. Particularly disturbing are the allegations that officials and organizations–who have a duty to respond to such allegations–knew about the alleged abuse yet failed to act appropriately. The Jerry Sandusky and Catholic Church scandals are recent examples.
Jerry Sandusky
One cannot escape the news of the recent allegations that have emerged regarding the actions of former Penn State assistant football coach Jerry Sandusky, and Penn State University’s supposed knowledge about the alleged criminal activity. Sandusky’s arrest for allegedly abusing at least eight children has been followed by accusations that University administrators condoning or even covering up his actions. People are wondering how much officials at Penn State knew about the activity and whether they can be held responsible in some way. Most importantly, we all wonder how this type of omission be prevented in the future.
The Catholic Church
The allegations against the catholic church are much larger and have been ongoing for years. Convictions and settlements have already been reported. As the media has reported extensively, hundreds of victims have filed sexual abuse lawsuits. But the full extent and ultimate legal consequences are not likely to be resolved for some time.
Other
Unfortunately, abuse may occur outside of the national media spotlight and without the resulting investigations and public scrutiny into whether appropriate actions to prevent the abuse were taken. If you know a victim of sexual abuse and believe officials of an organization knew about it and could have or should have acted to prevent it, then you should consider discussing with a qualified attorney.
Accountability
If you or someone you know suffered from sexual abuse, clearly the responsible individual or individuals involved should be held accountable. But if others knew about the abuse and failed to stop or prevent it, then you may be able to hold them–and their organizations–responsible as well. Based on the allegations in the grand jury report on Jerry Sandusky, it appears that Penn State University may have failed to act appropriately, and could be liable. Similarly, the Catholic Church may have failed to act appropriately regarding abuses within its organization.
Of course, a lawsuit is not for every victim, and the consequences should be carefully considered before taking this important step. There are often legal hurdles involved in holding an organization like Penn State accountable, so a monetary recovery or an injunction requiring a change in behavior may be difficult to achieve. However, you may, by taking action, help to change perceptions and practices and help ensure that something like this can be prevented in the future. James J. McHugh, a partner at Lopez McHugh, LLP, has helped victims of rape in the past and can help you work through the legal consequences of this sensitive topic.
If you or someone you know was a victim of sexual abuse outside of the home, consider contacting an attorney for a free, confidential evaluation of your case and to discuss your options and our recommendations for going forward. By contacting us, you can learn your important legal rights, with no obligation. And while it may be difficult to reach out, your time to act may be limited. So we encourage you to use the form to the right or give us a call.