When someone experiences sexual assault, the trauma can be overwhelming – not only emotionally and physically, but also in navigating the legal system. One important legal concept that may apply in these cases is vicarious liability. This principle can help survivors seek justice and compensation, even when the perpetrator is not the only party responsible.
What Is Vicarious Liability?
Vicarious liability is a legal doctrine where an organisation; such as an employer, school, or care provider, can be held legally responsible for the wrongful acts of its employees or agents, even if the organisation itself did not directly commit the act.
In the context of sexual assault, this means that if an assault was committed by someone in a position of authority or trust (such as a teacher, carer, or religious leader), the institution that placed them in that role may also be held accountable.
When Does Vicarious Liability Apply?
The courts consider several factors when deciding whether an organisation is vicariously liable for sexual abuse or assault:
- The nature of the relationship: Was the perpetrator in a role that gave them power or control over the survivor?
- The connection to the wrongful act: Did the abuse occur in the context of the perpetrator’s duties or position?
- The opportunity created by the organisation: Did the institution enable or fail to prevent the abuse?
A landmark case in this area is Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, where the Supreme Court held that a religious order was vicariously liable for abuse committed by its members. More recently, courts have extended this principle to cover abuse by volunteers, foster carers, and even individuals on work experience
Why This Matters for Survivors
Understanding vicarious liability is crucial because it opens the door to compensation from institutions that may have failed in their duty of care. Survivors often feel powerless when the perpetrator alone is held responsible; especially if that person has limited financial means or is deceased. Holding institutions accountable can provide a sense of justice and help prevent future harm to others.
How Ison Harrison Can Help
At Ison Harrison, we understand the courage it takes to come forward. Our specialist team has extensive experience in handling sensitive sexual assault claims with compassion, discretion, and determination. We will listen to your story, explain your legal options clearly, and support you every step of the way.
We can help you:
- Determine whether vicarious liability applies in your case
- Gather evidence and build a strong claim
- Seek compensation for the harm you’ve suffered
- Hold institutions accountable for their failures
You Are Not Alone
If you or someone you care about has experienced sexual assault, please know that you are not alone and you have legal rights. We are here to help you understand those rights and pursue justice in a way that feels safe and empowering.
Contact our specialist team today for a free, confidential consultation. Call us on 0113 284 5000 or email [email protected] to speak with someone who understands.
