Family Matters: Mothers as Secondary Defendants in Child Sexual Abuse Actions
Supreme Court Law Review, Vol. 17, No. 179, 2002
41 Pages Posted: 14 Jul 2008
Date Written: January 1, 2002
In this paper we focus on the emerging possibility for mothers to be joined, either by the plaintiff or as a third party by the primary defendant, in actions by an adult child for sexual abuse committed by a father figure. Such actions are premised on the argument that the mothor was either negligent or in breach of her fiduciary obligation in failing to protect the child from injury at the hands of the father, and they create an obvious dilemma for mothers who may find it virtually impossible to provide effective protection for their children given conditions within the family.
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