United States: Buddhist monk's rape conviction and the temple's civil liability for enabling access to victims

Proceedings

1. 2005-05-13 · criminal conviction (California) and civil judgment (Texas)

   California (criminal, court and county not further specified in the Texas civil record); Texas civil courts (164th District Court, Harris County; Court of Appeals, Houston 1st District; Supreme Court of Texas). Khuat was convicted in California of rape and other sexual assaults of the two sisters at the Pomona temple. The sisters separately sued Khuat, the Theravada Buddhist Corporation, Chon Tri, Ho Giac and the Phap Luan Buddhist Culture Center in Texas; a jury found Khuat, Chon Tri, Giac and Theravada Buddhist Corporation part of a civil conspiracy, and the trial court apportioned damages 85% to Khuat, 10% to Theravada Buddhist Corp., and 5% to Ho Giac. The Supreme Court of Texas (162 S.W.3d 552, 13 May 2005) reversed the court of appeals and reinstated the trial court's judgment, resting affirmance on a negligence theory — the corporation liable for its agent Chon Tri's negligence — rather than the jury's conspiracy finding.

Documented coercion mechanisms

• monastic authority over two sisters who were guests/devotees at the temple, used to obtain access and compliance
• the temple corporation's own negligence in supervising Khuat's access to the victims, the basis on which the Texas Supreme Court ultimately affirmed civil liability