Non-recent child sexual abuse survivors may turn to litigation as an alternative to or in addition to making a report to the Gardaí. Litigation against an organisation can serve survivors' justice interests by holding organisations that did not protect children responsible for their acts of omission and commission. However, despite legislative reform of tort law in this area, survivors in Ireland who sue schools, state departments and other organisations must grapple with unwieldy doctrinal frameworks. This paper will first explore why this litigation may be important for survivors and for the public. It will then set out some of the issues with the current Irish law on organizational liability for non-recent child sexual abuse, arguing that the current law is unjustifiable from both doctrinal and normative perspectives.
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