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Sexual Assault Enablers, Institutional Complicity, And The Crime Of Omission, Amos N. Guiora
Sexual Assault Enablers, Institutional Complicity, And The Crime Of Omission, Amos N. Guiora
Utah Law Faculty Scholarship
Sex abuse, particularly of children, is a crime which any rational person would wish to prevent. However, when an individual’s loyalties and responsibilities to an institution put them at odds with preventing sex abuse, it is far too often the institution which takes precedence. This is the grim phenomenon of institutional complicity. It is a plague which, sadly, permeates institutions of all types, be it a school, hospital, sports team, church, military, or government agency. It also permeates countries as a global issue.
I have interviewed dozens of survivors who suffered under an abuser who was protected by an institution. …
Failing To Protect The Vulnerable: The Dangers Of Institutional Complicity And Enablers, Amos N. Guiora
Failing To Protect The Vulnerable: The Dangers Of Institutional Complicity And Enablers, Amos N. Guiora
Utah Law Faculty Scholarship
Criminal liability has typically been reserved for those who have both actus reus and mens rea. Omission liability is infrequent in modern criminal codes. Despite wide public support for aiding those in peril, Western democracies have historically refused to impose any penalty upon those who fail to aid someone in danger.
However recent high profile abuse scandals—including those of the USA gymnastics team, University of Michigan and the Catholic Church have caused scholars and policymakers to rethink these assumptions. In recent years, some jurisdictions have slowly come to criminalize those who witness another in peril and fail to provide aid. …