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Aided-by-agency; sexual assault; prison; jail; correctional facility; employer liability; vicarious liability; respondeat superior; power; authority; delegation of power; inmates; correctional officers; prison guards
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Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Fordham Law Review
Sexual assault perpetrated by correctional officers in prisons and jails is a pervasive problem in women’s correctional facilities. However, victims who choose to pursue a civil action rarely recover damages for their injuries because our legal system fails to provide adequate options for relief. This failure leaves victims uncompensated and disincentivizes correctional institutions from implementing effective preventative measures. Part of the reason for this failure is that most U.S. courts refuse to hold employers liable for sexual violence committed by their employees. They find that employers cannot be held liable for the tortious conduct of their employees unless the conduct …