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C.C.H. v. Philadelphia Phillies, Inc.

Supreme Court of Pennsylvania

40 A.3d 1218 (Pa. 2012)

Relevant factsFree

Eleven-year-old T.G. (plaintiff) became separated from her family at a Phillies (defendant) baseball game, and after security personnel failed to help her, she sought assistance from three teenage concession workers who instead led her outside the stadium and sexually assaulted her; T.G. sued the boys and the Phillies, and the boys raised consent as a defense. The trial court held consent could be a defense in civil (though not criminal) sexual assault suits, the court of appeals affirmed, and the state supreme court granted certiorari.

IssueFree

Whether consent is available as a defense to a civil claim of sexual assault when the plaintiff was under the age of 13 at the time of the assault.

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