Christensen v. Royal School District, 156 Wash. 2d 62 (2005)

The plaintiff-child and parents sued the defendant-school district, the principal, and a teacher, alleging that the teacher had sexually abused the child, and that the district and principal were negligent in hiring and supervising the teacher. In a responsive pleading, the defendant-school district and principal asserted as an affirmative defense that the child's voluntary participation in the sexual relationship with the teacher constituted contributory fault. The trial court certified to the Supreme Court of Washington a question whether a 13-year-old victim of sexual abuse, who brought a negligence action, could have contributory fault assessed against her under the Washington Tort Reform Act. The Supreme Court of Washington held that, as a matter of law, a child under the age of 16 could not have contributory fault assessed against them for participating in sexual activities. The plaintiff lacked the capacity to consent and was under no legal duty to protect herself from sexual abuse. Societal interests embodied in the criminal laws protecting children from sexual abuse applied equally in the civil arena when harm was caused to the child by an adult perpetrator of sexual abuse, or a third party in a position of power and control over that vulnerable person’s conduct. Furthermore, the idea that a student had a duty to protect herself from sexual abuse at school by her teacher conflicted with the well-established law that a school district had an enhanced and solemn duty to protect minor students in its care.

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  • 2005

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Jurisdiction