How Does Negligence Play a Role in Sexual Assault Cases?

In 2024, California law enforcement agencies reported more than 13,000 rapes. As if this statistic wasn’t staggering enough, the sad truth is that many victims never come forward, meaning the actual number of assaults perpetrated in California is much higher.

While most of us think of sexual assault as an intentional and malicious act, there are sexual assault cases where negligence also plays a role. In general, we see negligence show up most often in cases involving institutional abuse, as negligent institutions may miss, overlook, or intentionally turn a blind eye to evidence of sexual misconduct. Here’s a quick explanation of how negligence can factor into a sexual assault case and what damages are available to victims in these cases.

What is negligence?

Negligence is a term we commonly encounter in civil cases because negligence often serves as the basis for determinations of civil liability. When one party suffers harm as a result of another party’s negligence, the injured party may be within their rights to recover damages from the at-fault individual(s).

Establishing negligence can be a bit complicated in some cases, but generally, the injured party needs to show that:

1. The alleged at-fault party owed the injured party a legal duty of care.
2. The at-fault party breached that duty of care through their actions or inactions.
3. The injured party suffered identifiable harm.
4. The at-fault party’s breach of duty was a substantial factor in causing the injured party’s harm.

When these conditions are met, a judge, jury, or insurance company may find the at-fault party legally liable for any harm they caused to the other person or persons involved in their case. Once liability is established, an at-fault party may be ordered to pay damages to the injured party in order to take responsibility for their actions.

Negligence in sexual assault cases

We know that sexual assault is never the victim’s fault. Instead, responsibility for sexual assault, abuse, or misconduct always falls squarely on the shoulders of the person who perpetrated the harm. However, liability in some cases may also extend to other parties whose negligence contributed to or exacerbated the abuse in some way. When victims learn that the institutions that were supposed to keep them safe failed to do so, the impact can feel like another violation or betrayal.

For example, many of us remember the explosive USA Gymnastics sexual abuse scandal that sent shockwaves across the nation around 2017. That case involved multiple claims of sexual abuse perpetrated by one individual. While the case was ultimately settled out of court, multiple survivors alleged that USA Gymnastics should be held accountable for failing to protect the victims and properly investigate complaints against the doctor who committed the abuse. At the end of the day, the organization was forced to pay millions of dollars and make major institutional changes to account for the harm it caused.

If an institution or individual knew or should have known that someone was engaging in sexual abuse or misconduct but did not take steps to prevent and/or report the abuse, their negligence may serve as the basis for a claim of liability. Schools, churches, corporations, clubs, and a wide variety of other organizations can face liability in cases of sexual abuse when a recognized duty applies, opening them up to serious legal disputes.

How do you prove negligence in a sexual abuse case?

If you suspect that another party’s negligence contributed to your abuse, you should contact a trusted sexual abuse attorney as soon as possible to explore all of your possible legal options. Your attorney can help you identify all potential sources of liability and help you gather the evidence and documentation you need to begin building a case.

The more corroborating evidence you can provide, the better. You’ll first need to be able to demonstrate that the alleged at-fault party had a legal obligation to protect you from harm based upon the relationship you had at the time. Then, you’ll need to compile evidence that highlights all the ways the at-fault party failed to adequately exercise that obligation.

A few examples of evidence that can play a role in these claims include:

• Employment contracts/performance reports
• Communication records like call logs, text threads, and email correspondence
• Police reports
• Therapy notes
• Medical records
• Academic records/transcripts
• Title IX complaints
• Witness testimony

Survivors and their attorneys can use all kinds of evidence to paint a picture of how an individual or organization failed to protect them from harm and subsequently contributed to the abuse they endured. Remember: there’s a different burden of proof required in civil sexual abuse claims. In civil cases, you must prove your claim by a preponderance of evidence, rather than the beyond a reasonable doubt standard used in criminal cases.

Damages in civil sexual abuse cases

If the court finds a person or organization liable for sexual abuse on the basis of negligence, the at-fault party may be ordered to pay a variety of economic and/or non-economic damages to the injured party. These damages are meant to compensate victims for a variety of losses and expenses, including:

• Medical bills
• Therapy costs
• Rehabilitation expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress

Sometimes, the court will also order the at-fault party to pay punitive damages to account for particularly egregious misconduct. Punitive damages serve to further punish and deter individuals for the harm they caused.

Final thoughts

Survivors of sexual abuse deserve to have their voices heard and to see all the people responsible for their pain brought to justice. While no amount of money can undo what has already been done, pursuing claims against all liable parties can help victims take back control and begin the process of rebuilding their lives.

If you were a victim of sexual abuse and you think another party’s negligence contributed to your suffering, you deserve to know the truth. At Taylor & Ring, we believe that survivors of sexual abuse are entitled to justice in all forms. Whether you’re just beginning to explore your legal options or are ready to take the next step in your ongoing fight for accountability, our team is here to offer the support you need to make the right choice for you.

Give us a call today or fill out our online contact form to schedule a confidential consultation with a member of our team, and let’s explore all the ways our experienced, local team can help you advocate for accountability.