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.
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.
The courts consider several factors when deciding whether an organisation is vicariously liable for sexual abuse or assault:
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
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.
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:
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 rasa@isonharrison.co.uk to speak with someone who understands.