Bystander Parent Liability For Sexual Abuse

The perpetrator of sexual abuse may not be the only party liable for the harms caused to a victim of abuse. In other blogs, we have considered the issue of vicarious liability it relates to other entities including school boards and clergy. Today, we will look at the issue of "bystander" liability for sexual abuse. A "bystander" is an individual whom it is alleged knew or ought to have known about sexual abuse at the time it occurred, but failed to intervene to stop the abuse or otherwise to protect the victim.Alleged bystanders are frequently parents or other close relatives.In other words, bystanders are grownups who were supposed to protect children (or other vulnerable individuals)in their care but failed to do so. Claims against bystanders are usually framed in terms of negligence or breach of fiduciary duty.These are causes of action that require there to be an existing relationship in which the bystander is obligated to consider, and in some cases protect, the interests of the victim. In Antrobus v. Antrobus, 2015 BCCA 288, the British Columbia Court of Appeal considered the case of a woman named Linda. Linda sued her parents, and her aunt and uncle, claiming each of these adults failed to protect her...