Death should not be a defence against child abuse allegations

Death should not be a defence against child abuse allegations — 8 signatures. Status: rejected.

Petition background

The death of a child abuser should not mean that organisations can use this as a legal reason to avoid prosecution under vicarious liability laws (Scotland) thereby ensuring all survivors of childhood sexual abuse are viewed with the same rights under the law.

Additional details

Currently the death of a child sexual abuser can be used to prevent civil prosecution of a school or organisation under vicarious liability laws in Scotland. This situation means that if that survivor is the only one to come forward with regard to that abuser the organisation can avoid prosecution by claiming the inability to mount a defence because the perpetrator is deceased. This results is a two tier situation where the survivor is effectively treated with less regard and poorer outcomes.

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