The Legal Contours of Child Endangerment

Adults who care for children have a legal obligation to ensure those children avoid unreasonably dangerous situations. Failing to adequately protect a child may result in the caregiver being charged with “child endangerment” or “endangering the welfare of a child.”

Examples of child endangerment may include:

• Driving while intoxicated with a child in the vehicle
• Leaving a child alone and unsupervised with available dangerous weapons
• Leaving a child unattended in an unsafe area or vehicle
• Hiring a person with a known history of sexual offenses to supervise a child
• Leaving a young child unsupervised or in the care of another young child
• Providing drugs or alcohol to an underage driver
• Opting for spiritual healing rather than conventional medicine when a child’s life is in danger
• Failing to report suspected child abuse
• Domestic violence episodes that take place in front of children

Litigation Strategies for Sexual Abuse Lawsuits

In most claims for personal injury there are time limits by which the claim must be brought. There are various exceptions, including sexual abuse that took place many years ago when the claimant was a minor. In all lawsuits, the credibility of facts and witnesses is crucial. Abuse allegations, by their nature, are infrequently able to be independently, conclusively verified. Further, litigation is inherently an endeavor in which witnesses may have a stake in a particular explanation of past events.

Assuming there is no statute of limitations concern, what are some of the unique challenges and “tricks of the trade” of filing or defending against this type of civil lawsuit? We asked a number of experienced attorneys to share their insights about handling a sexual abuse case when the alleged abuse happened many years ago. The following are their observations.

Marsh Law Firm - Supporting Child Pornography Victims

Our firm co-sponsored this first-ever gathering of child pornography survivors who created this mandala of hope and resilience. Calling themselves the ‘Phoenix Ten,’ survivors shared their lifelong experiences and organized as a powerful force demanding change.

Survivors banded together to share experiences and create a force to challenge the inadequate responses to the prevalence of child sex abuse images on the Internet. One outcome of the retreat was the establishment of an action group focusing on bringing the collective voice of these victims to the international stage.

Battling the Cover-Up Culture of Child Sexual Abuse in Schools

Too many schools are failing in their responsibility to keep children safe from sexual abuse. The doctrine of in loco parentis demands that schools assume the responsibility of the parent to keep a child safe at school. Often, instead of protecting children, schools have been covering up sexual abuse of children by teachers, failing to investigate and report alleged abuse, and allowing teachers to silently leave. Not surprisingly, this allows them to find employment as teachers elsewhere, free to resume their predatory behavior.

This “passing the trash” policy has been well-publicized regarding sports, religious, and fraternal institutions. Schools are where children leave the protection of their parents to learn in a presumptive safe environment. How, and why, are some failing to adequately protect our children?