C.C.H. v. Philadelphia Phillies, Inc.
Pennsylvania Supreme Court
940 A.2d 336 (2008)
- Written by Lauren Petersen, JD
Facts
T.G. (plaintiff) attended a Philadelphia Phillies (defendant) baseball game with an adult family friend. T.G., who was 11 years old, got lost at the game. She tried unsuccessfully to get help from security personnel. Then she asked for help from Joseph Fabrizzio, John Scaruzzi, and Michael Ibbetson (defendants), who ranged in age from fifteen to sixteen. Fabrizzio, Scaruzzi, and Ibbetson were working at a concession stand. They offered to help T.G. find a phone, but instead led her outside the stadium and sexually assaulted her. T.G. sued Fabrizzio, Scaruzzi, Ibbetson, and the Philadelphia Phillies for sexual assault. The boys raised consent as a defense to T.G.’s allegations. The trial court held that although consent is not a defense in criminal sexual-assault cases, consent may be a defense in civil suits for sexual assault. T.G. appealed, and the court of appeals affirmed the trial court’s holding. The supreme court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Baer, J.)
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