Liability In Sexual Assault Cases
Liability is a complicated matter in all types of legal cases. Even in cases involving sexual assault, where the perpetrator is caught in the act, there can be other possible parties who are at fault or hold some responsibility for these heinous crimes.
This is often surprising to many victims. They do not always realize that businesses often have culpability in these cases, but they do. If an organization is aware that employees are engaging in sexual assault but do not take action, they can also be sued in a civil case.
Who Can Be Held Liable?
Sexual assault can happen in a variety of situations. One common example is in the workplace. An employer can also be held liable for sexual assault by allowing a hostile work environment, due to unlawful conduct by both employees and even non-employees, such as customers. This is especially true if the employer knows about the sexual assault but failed to take appropriate action. This is because the law does not care who does the harassing. Employers are required to provide a working environment free from hostile or offensive harassment.
There are other organizations and entities that could be held liable for sexual assault under premises liability law. Premises liability applies to people who suffer injuries on another party’s property due to unsafe conditions. Property owners have a duty to keep their premises safe for all visitors. This means ensuring that visitors do not become victims of crimes due to a lack of security or appropriate supervision.
There are many entities that can potentially be held responsible for a sexual assault that occurs on their premises. They include:
- Hotels and motels
- Owners of shopping centers
- Nightclub owners and staff
- Concert venues
- Rideshare companies
- Religious institutions
- Teachers, schools, and colleges
- Coaches and coaching staff
- Physicians and medical staff
- Nursing homes
- Treatment facilities
- Youth organizations
Why Liability is Important
Understanding who is liable for your sexual assault is important. That’s because you not only want to hold the correct person or company accountable, but you also want to ensure you receive the compensation you deserve.
Sexual assault can leave a person with major physical injuries, as well as emotional and psychological harm. Many victims suffer from post-traumatic stress disorder, making it difficult for them to perform daily tasks of living. They may be scared to enjoy hobbies. They may even avoid going to work, especially if that is where the assault took place. This can leave a victim with financial uncertainty and lost wages. You can receive compensation for all of these economic and non-economic damages.
Contact Us Today
Perpetrators of sexual assault are not the only ones who can be held liable for sexual assault crimes. Businesses can also be at fault for allowing the assault to occur on their premises.
If you have been sexually assaulted, seek legal help. The Columbia sexual abuse and trauma victim lawyers from Simmons Law Firm can assess your case and hold all individuals and businesses responsible for any type of sexual abuse or assault. Get started with a free consultation. Call our office at (803) 779-4600 or fill out the online form.
Resource:
shrm.org/resourcesandtools/hr-topics/behavioral-competencies/business-acumen/pages/employer-liability-for-sexual-harassment.aspx
