Can a sexual assault victim sue you if you knew the suspect's history long ago but didn't say anything?

Question

My (female) cousin's boating club has a guy I know who has a history of sexual assault on women, which this club is 70% comprised of. He's been with this club for 3 years and I only discovered this last year when she mentioned his name to me. I notified her about his history and advised her to pre-warn the club president so at least he's aware. She wouldn't do it because the guy is a model citizen since he joined.

My concern came true last month: he attempted rape on one female boatmate in his car after an post-race party. He's now in jail. The club is in shock. My cousin is speechless. The club president is now angry at my cousin for knowing about this for the last year. And I am angry she chose benefit of the doubt.

Can the victim sue my cousin because she knew this guy's history and kept mum? Am I also liable by association even though I have nothing to do with the victim and the boating club?

I'm getting concerned there's a going to be a chain reaction of legal events.

Answer 1

I do not think either of you can be sued over not telling. I am sure you can't since you were ot a member of the club and did tell a member of te club. She should be safe also but that varies by state so can't say for sure. Giving some one the benefit of the doubt might be a good thing to do but sexual predators, like child molesters, have a very low rate of correction. If he had a long history of it she should have used better judgment and informed the Club President of it and let them make a decision or check on it; she showed poor judgment and hopefully she learned something from it. You can't always give the benefit of the doubt and in those two cases it is extremely dangerous to do so.

Answer 2

Can a sexual assault victim sue you if you knew the suspect's history long ago but didn't say anything?
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My (female) cousin's boating club has a guy I know who has a history of sexual assault on women, which this club is 70% comprised of. He's been with this club for 3 years and I only discovered this last year when she mentioned his name to me. { I notified her about his history and advised her to pre-warn the club president so at least he's aware. } {She wouldn't do it because the guy is a model citizen since he joined. }

My concern came true last month: he attempted rape on one female boatmate in his car after an post-race party. He's now in jail. The club is in shock. My cousin is speechless. The club president is now angry at my cousin for knowing about this for the last year. And I am angry she chose benefit of the doubt.

{ Can the victim sue my cousin because she knew this guy's history and kept mum? } {Am I also liable by association even though I have nothing to do with the victim and the boating club? }

I'm getting concerned there's a going to be a chain reaction of legal events.
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1. I notified her about his history and advised her to pre-warn the club president so at least he's aware. >She wouldn't do it because the guy is a model citizen since he joined.
2. Can the victim sue my cousin because she knew this guy's history and kept mum?
3. Am I also liable by association even though I have nothing to do with the victim and the boating club?

1A. You did YOUR part by notifying someone.
Just because he "acts" like a model citizen is NO basis that he is NOT a criminal.... it is just part of his MO or method of operating. She should have at least alerted someone that they should investigate him for "possible shenanigans" (even if anonymously) that would cover her back & yours.
Now that you all have been "exposed" the BURDEN OF PROOF will fall on you to prove how YOU know that this guy had a "history" and why didn't you go to the proper authorities with the information ??
2A. It is possible that the victim could sue for civil damages (pain or suffering) caused by pertinent information not being relayed to proper agencies, so that an investigation could be done. Legal council would be able to tell you better on that, also on the statute of limitations for these things for them to be eligible for consideration.
3A. Liable by association ?
I don't think you had anything to do with helping the victim get attacked. In fact, you tried your best to prevent anything ... and to prevent others from having this happen to them, even though your words fell on deaf ears. I do think they might wonder why you didn't go to the proper authorities, when this cousin "dropped the ball"... when YOU saw that there was an obvious and serious chain of frequent events or a "history" ?
You will have to answer that.

Answer 3

This club could have found out the information themselves, any court and criminal trial, sentencing, and court documents are privy to the general public. Now just because this gentleman has a history of sexual assault, I don't think the club could keep him out, of course there are always loopholes. I assume this club runs background checks so if they knew, I still think it is a long shot that they are liable.

Answer 4

There are no legal repercussions for you or your cousin. The boating club is responsible, they hired him, they chose to check into background or NOT, and if he is a sexual predator, assault etc. then he is required by law to register.... if the club DID a background check, this would have come up.. Your cousin needs to NOT speak of it anymore, neither do you... The owner of the boat club cannot come back on your cousin for anything.. she is only a co-worker, and employee relations/employer.. is against the law to speak about anyway.. if your cousin had SPOKEN of it to the boss, she COULD BE sued by the criminal guy for SLANDER!!

Let it die down, I am sure the boss will too cause he doesnt want to scare away his customers/members.

Answer 5

No, you can't condemn people for crimes they haven't committed. It was irresponsible of her not to warn others and err on the side of caution but she cannot be held accountable for his crime.

Stop worrying about this. Look at it this way. A person goes to jail for stealing and the person does their time and ends up leaving jail and going into a supermarket. If the person working behind the till recognises the person and doesn't tell their store manager and the person steals from the shop, it isn't the person's with the knowledge of a previous crime responsibility to tell the world this person may or may not commit a crime.

Imagine how many people would be in jail right now because they know someone in that scenario?

You and your cousin mustn't feel guilty about it but because of the nature of this man's previous crimes, she would have done a good deed by giving her mates a "heads up", it could have made the difference between a woman ending up alone with him or not.

Answer 6

Hearsay evidence? Your cousin would have been better not to say anything after the fact. If this guy had a history that was known through criminal records than I believe it was the clubs fault as well.

Answer 7

No, neither you or your cousin is liable.

It is up to the boating club to research an employees history if needed, and seeing as there aren't any laws dictating that the club need research the history of its' employees, theres no laws broken.

All you and your cousin knew was past record, club should have known that too by carrying out a detailed background check BEFORE hiring him.

Besides, you have NO proof that what you knew was 100% true (unless you a cop or had access to his criminal record), therefore telling the club could have got you in trouble too.

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Honda Man: Wow, thank you for sounding retarded. Do you not understand that there are a million and one reasons why people are considered sex offenders and they aren't all evil people. To judge someone on their past is stupid, what crimes have YOU committed that I can judge you by?

Dog the bounty hunter is a convicted killer, but that DOESN'T mean hes a killer now. Hes reformed and a fine example to everyone.

Heres another example, at my school a teacher was fired and placed on the sex offenders list for sleeping with a student. BUT, he has since gone on to marry and have children with that student. He made a mistake in not waiting until she left school, but he isn't an evil person. She was above the age of consent at the time.

To abuse and hurt people for their past is wrong, everyone makes mistakes and a true show of character is the ability to forgive people for their mistakes.

Answer 8

I think you did the right thing. It's not your job to spread rumors. You reported it to another person, and between the two of you, it was decided that this guy deserved a second chance. No big deal. He messed it up. It's not your fault.

And, please, don't feel guilty. Bad things happen sometimes. You can't always know the right thing to do. The next time this happens, I would suggest that you talk to the guilty party. For instance, if you know someone is a thief, you can confront them one on one and say,'Look, I know that you have a record. I don't plan on getting taken advantage of.'

Answer 9

well anyone can be sued now adays thanks to blood sucking Lawyers My question to you is why didn't you notify the club president of your info why leave it to your cousin as far as y'all being liable I don't think so The club should do background checks on members before admitting them so they bare some responsibility but you and your cousin get to spend the rest of your life's knowing you could have saved the victim from the pain she is going thru because of the attack

Answer 10

Wow what an interesting story and I understand your concern. I'm guessing you are not at fault, but only an attorney or law enforcement person would know.

I'm going to check back later and see what answers you get on this.