• Key point. Some courts have ruled that homosexuality does not render a person a greater risk of sexual assault.
The Arkansas Supreme Court ruled that homosexuality "in no way" indicates that a person is a higher risk of committing a sexual assault. While this case involved an employee of a medical clinic, the court's ruling is relevant to all employers including churches and other religious organizations. A radiologist hired a male medical technician to work in his clinic. The technician sexually assaulted a male patient while performing an ultrasound examination for possible gallbladder problems. The patient sued the doctor, claiming that he was responsible for the technician's actions on the basis of negligent hiring, retention, and supervision.
In rejecting the negligent hiring claim the court relied on one of its previous rulings in which it found that a hospital ...