Is a camp responsible if a counselor rapes another counselor?
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Is a camp responsible if a counselor rapes another counselor?
My 18 year old daughter was raped at camp while she volunteered as a counselor by another
counselor. Is the camp responsible for hiring a rapist? Responsible for having alcohol
available to under age employees? Responsible for this happening on their property? She didn’t press charges but did go to hospital and did get a rape kit done. I was not informed. They also fired the man who did it and had him gone by the time she got back from hospital. She stayed and worked the next week as well. This camp runs on all volunteer staff. They have kids from 8-17 there.
Asked on July 22, 2016 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They are only responsible if you can show that they were negligent (unreasonably careless) in how they hired people (e.g. hiring someone whom a reasonably employer would have known was inappropriate to work at a camp) or in how they supervised their staff, either your daughter's attacker specifically (e.g., if there had been complaints against him for harassing, stalking, being a peeping Tom, etc. but they ignored them) or the counselors generally (e.g. ignoring complaints or evidence of alcohol at camp, if alcohol contributed to the attack). You have to show actual fault on the camp's part to hold them responsible, since an employer is not responsible for the criminal acts of employees (since those criminal acts are not within the scope of, or part of, employment), and a property owner or lessee is not liable for criminal acts committed on its property, unless there was fault.
The attacked himself can be sued no matter what, and if you have not already, should press criminal charges.
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