Rape, the Jehovah’s Witnesses and vicarious liability: BXB

Background

In BXB v Watch Tower and Bible Tract Society of Pennsylvania & Anor [2020] EWHC 156 (QB), Mrs B started attending the Kingdom Hall with her husband in Barry in 1984 and was baptised in 1986 [2]. She and her husband became friends with Mark Sewell, one of the “ministerial servants” of the congregation, and his wife. In 1990 she was raped by Sewell and in 2014, after a trial at which Mrs B had to give evidence, he was convicted of raping her and of seven counts of indecent assault against CXC and another individual and sentenced to a total of 14 years’ imprisonment [4]. As a result of the rape, she suffered from several episodes of depression and what was subsequently identified as post-traumatic stress disorder. She sought damages for her injuries and for loss of earnings which, she claimed, was consequent on her injuries [5]. She also alleged that the subsequent internal investigation had been seriously flawed.

The Defendants accepted that Mark Sewell had raped Mrs B, but not that they were vicariously liable, nor that they owed her a duty of care in the conduct of the investigation into her allegations or had breached any such duty. Continue reading