| Description |
For centuries, institutions have exploited their power to abuse the vulnerable and avoid culpability. In many cases, the abuse would not have been possible if not for the institutional underpinnings which protect the perpetrators. These people, who initiate cover ups or turn a blind eye, ought to be considered enablers. Enablers are as endemic a problem as perpetrators. Unfortunately, there is little to no data in aggregate about the resulting harm from enabling behavior. Despite the lack of data, anecdotal evidence of abusers and enablers is pervasive in modern society: the Catholic Church, public universities in Michigan, pastors for the Southern Baptist Church, the Boy Scouts, and the Church of Jesus Christ of Latter-Day Saints are just a few examples. This thesis advocates for establishing a federal duty to protect between members of institutions and the victims of institutional abuse. The proposed legislation defines an institutional duty to protect and criminalizes the actions or inactions of enablers that can be directly linked to continued abuse of the victims. Before this proposal, the thesis will address necessary definitions, outline the severe harm posed by the status quo, and analyze precedent for the legislation. After outlining the specifics of criminalizing the enabler, time will be devoted to the discussion of obstacles for the legislation and its implementation. The thesis will conclude by reiterating the importance of this advocacy and reminding readers of the imperative to recognize our duty to protect our fellow members of society, including the most vulnerable. |
