PHILADELPHIA (CN) – Three teenage boys who worked at the Philadelphia Phillies’ concession stand cannot argue that the 11-year-old girl they allegedly sexually assaulted had consented to the sexual activity, the Pennsylvania Supreme Court ruled.
“Where the victim is less than 13 years of age,” Justice Baer wrote, “evidence of the victim’s consent to sexual contact is not an available defense in determining the defendant’s civil liability.”
The plaintiff’s parent and guardian filed a civil action seeking damages against Philadelphia Phillies Inc. and the boys, who allegedly offered to lead the lost girl to a telephone, but instead took her to a secluded area outside the stadium, where they took off her clothes and sexually assaulted her.
The superior court had instructed the attorney that the rule only applied in criminal cases. Baer reversed the lower court ruling and remanded the case for a new trial.
Baer also ruled that the Phillies could not be held liable, despite the plaintiff’s assertion that the club’s security personnel did not follow its “Lost People Policy” in reuniting the girl with her guardian.