Sexual abuse is abhorrent no matter how it is framed and leaves devastation in its wake. This includes the individuals subjected to it and the communities in which it happens. Anger is a common experience after sexual abuse, leaving many to ask themselves, ‘Can bystanders be held liable in sexual abuse cases?’ As is often the case in any legal situation, the answer is something along the lines of ‘not always, but sometimes.’
At White Law PLLC, we have extensive experience in handling cases of sexual abuse, whether perpetrated by clergy members, teachers, coaches, or sports team physicians. We understand the sensitive nature of these cases, and our Michigan sexual abuse lawyer may be able to help you understand your options when it comes to who is liable for your abuse.
Bystander Behavior in Sexual Abuse
A bystander in a sexual abuse case has two choices. They can intervene in some capacity or choose to do nothing. Intervention may be physically stepping in, calling the police, or calling out to the perpetrator to disrupt the abuse. If the person walks by and does nothing, this is often an example of the bystander effect, where an individual believes someone else will intervene, so their action isn’t necessary.
Other situations in which bystanders may not act when they face the possibility someone is a sexual abuser include instances where someone is suspicious but uncertain about what is happening. This uncertainty may make them concerned about accusations against the abuser. They may worry about allegations against someone innocent or possibly retaliation from the individual and the rest of the community.
None of these reasons are to justify the behavior of an outsider who simply fails to speak up or intervene when they suspect something is happening. However, discussions about why people may fail to act can help address the problems in smaller communities and society. The American Psychological Association provides a bystander intervention tip sheet that explains many of the concerns listed above and how to combat them.
Your Fight Is Our Fight
Bystander Liability in Sexual Abuse
As a survivor of sexual abuse, it can be additionally devastating to know that other people in your community stood by while they knew someone was abusing you.
A sense of moral obligation and care for others may make you wonder if legal accountability exists for those who stand by and do nothing. Unfortunately, in this case, morality is often separate from legality, meaning many individuals face no legal requirement to intervene or report abuse, but not all.
The first relationship that may see legal accountability for inaction is a parent, guardian, or caregiver. Your legal guardian or caregiver is legally obligated to protect you from dangers they do or should reasonably know about. Under this definition, they may not be liable if they do not know about sexual abuse. Still, if there are reasonable indicators that they fail to act on or disclosures they ignore, they may be considered legally negligent.
Responsibility in Sexual Abuse Cases
When we discuss liability in sexual abuse cases, it is critical to remember that the only person responsible for sexual abuse is the person perpetrating it.
The liability of bystanders relates to a legal obligation to intervene or protect the vulnerable individual, not liability for the abuse itself. If you are a survivor of sexual abuse, White Law PLLC. stands by the fact that nothing about what you endured was your fault or anyone else’s beyond the person who abused you.
Michigan Mandated Reporters
The other dynamic that may make a bystander liable for inaction regarding sexual abuse is someone who is a mandated reporter and fails to report concerns of abuse or neglect of a minor or vulnerable population. The Michigan Department of Health and Human Services tells us that mandated reporters are required, by law, to report these concerns. Individuals who qualify as a mandated reporter include:
- Physicians and medical providers
- Mental and behavioral health providers
- Human services providers
- Employees of the court or affiliates
- Child care providers
- Clergy
- Law Enforcement
The Michigan DHHS page explains that a mandated reporter may be liable for any damages that anyone suffers due to their failure to report. This may also include criminal misdemeanor charges, with a penalty of up to 93 days in prison and a fine of up to $500.
The mandated reporter status requires that individuals report concerns of abuse, not intervene in the situation, so they may still be considered bystanders in the initial abusive interactions.
Civil Liability
Mandated reporters can face criminal charges for not reporting concerns of abuse. However, the individual and their overseeing organization may also face civil lawsuits for the harm their negligence causes. Our Michigan clergy sex abuse lawyer sees examples of this in cases where the organization as a whole failed to take the appropriate steps following reports of abuse.
Civil liability comes down to the legal duty to protect, so unfortunately, a stranger who sees something that seems off is under no legal obligation to intervene, even if we would expect a moral obligation. In that circumstance, they cannot be held liable for damages incurred following their silence. If someone has sexually abused you and you are uncertain of your options, know that there are often legal options for survivors of child sex abuse, and individuals who were silent bystanders previously may be willing to speak up now.
Call us Today to Learn About Your Legal Options
Coping with the aftermath of sexual abuse is grueling. Many survivors find additional experiences of grief and loss when they begin processing the other people who may have known or did know about the abuse and did nothing. Sometimes, you may be able to take additional action to hold the bystander liable in sexual abuse cases, and other times, you may have to find closure outside of the legal process.
If you are ready to take action, you can contact us for a free case consultation to discuss the details of your case. When you meet our team at White Law PLLC, we hope you will feel our passion and commitment to fighting for the rights of sexual abuse survivors, in part by letting you lead the process. Call us today.
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