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Sexual assault

Until recently, it was not considered that an employer could be vicariously liable for sexual assault, despite the particular vulnerability of children, and special care that must be taken in selecting employees. The Court of Appeal held in T v North Yorkshire CC that a headmaster's sexual abuse of children on a field trip was not within the scope of his employment, a previous criterion for an employer to be found vicariously liable. This rule was reversed in the shortly following case of Lister v Hesley Hall Ltd, effectively establishing liability for sexual assault, where it is closely connected with an employee's duties. Here, a warden of a boarding house sexually abused several children over the course of three years. Initially it was held (under the precedent of T v North Yorkshire CC) that such acts could not have been in the course of his employment. However, the House of Lords overruled the earlier case, with Lord Steyn stating: