Sexual violence can take many forms, but one thing is clear: the victim is not at fault. The San Diego personal injury lawyers at CaseyGerry are committed to protecting people who have experienced sexual assault and abuse and holding perpetrators accountable for their heinous acts.
Sexual Violence is a National Problem
Sexual assault is a rampant problem in California and across the country. In fact, in the U.S., one in three women and one in six men experience sexual violence in their lifetime. While some of these acts are random, many are not. In eight out of 10 cases of rape, for example, the victim knows the perpetrator.
Safety is the first priority after any kind of sexual violence occurs. If it happened to you or a loved one, be sure to notify the proper authorities as soon as possible. There are also several crisis hotlines in California. The Rape, Abuse & Incest National Network (RAINN), and California Coalition Against Sexual Assault (CALCASA) can offer resources and support. The steps you take in the first 24 to 72 hours can be crucial to your future recourse.
Importantly, you may have grounds to file a civil lawsuit. Different from a criminal lawsuit, a civil suit can hold your assailant (and perhaps other people like an employer or the owner of a place where the abuse occurred) accountable and seek damages for resulting medical bills, pain and suffering, and more.
Civil Personal Injury Claim For Sexual Assault in California
Everyone knows that sexual assault is a crime and that offenders can be criminally prosecuted. However, many people do not know that sexual assault survivors may file personal injury claims against abusers and other responsible parties. Those who have gone through the trauma of sexual assault often suffer severe physical and emotional damages.
Besides allowing plaintiffs to secure financial compensation for their injuries and damages, personal injury claims often give survivors the emotional closure they need to start fresh after the abuse they have endured. Many survivors feel some relief and satisfaction after defendants are held accountable for their wrongful conduct.
Other Responsible Parties in California Sexual Assault Cases
After a sexual assault, people often do not consider making a personal injury claim because they assume that the sex offender would be the only defendant in the case, especially if collecting compensation from the individual is unlikely. As mentioned above, however,
other parties who did not play an active part in the assault may be responsible as well.
Depending on the circumstances, corporate and government entities have a duty to take reasonable precautions that protect individuals from potential third-party harm. When they fail to do so, they may be liable for breaching that duty of care. See below for common third-party liability scenarios in sexual assault cases.
- Business proprietors are responsible for protecting guests on their property from a third party’s conduct when that conduct is reasonably foreseeable. For example, a business owner may be liable for a sexual assault that occurs on his property if there was a prior assault, and the owner failed to take reasonable measures to make his property safer for guests in the future.
- Medical institutions and practice groups can sometimes be held accountable for an individual employee’s conduct. When therapists, doctors, and other medical professionals are accused of sexual assault, their employers are often named as defendants in lawsuits.
- Schools, childcare providers, and nursing home facilities are responsible for protecting children and elderly adults from harm. If these vulnerable members of society are sexually assaulted, school districts and care institutions might share in the liability for their injuries and damages.
- In some cases, employers may be responsible for employees who are assaulted by coworkers. For example, suppose you or another employee had previously reported a coworker’s misconduct, and your employer failed to take any action. If that coworker assaulted you after the initial complaint was ignored, your employer might be responsible for failing to protect you from the offender.
- Hotels, nightclubs, casinos, and other hospitality industry businesses may be responsible for sexual assaults that occur on their property. Unfortunately, these entities sometimes fail to report sex crimes, especially when they stand to profit from turning a blind eye to suspicious activities. Even if they were not aware of trafficking or other sex crimes taking place on their property, they might be responsible if they failed to take reasonable security precautions for their guests’ safety.
- Other entities that may be responsible for sexual assaults include children’s sports programs, churches and other religious organizations, group homes, children’s camps, and security companies.
Compassionate Representation of Sexual Assault and Abuse Victims
Sexual assault is an extremely traumatic experience, often involving a devastating emotional impact in addition to physical injury. To make matters more difficult, sexual assault litigation is highly sensitive and complex. Getting experienced legal counsel makes a big difference in navigating the legal process.
We at CaseyGerry handle all aspects of the litigation – conducting the investigation, filing the complaint, having conversations with the defendants, requesting temporary court orders for protection, and other steps – so our clients can focus on their wellness and moving forward.
As the oldest plaintiffs’ law firm in San Diego, we put our clients’ interests first. Our attorneys help them cope while seeking justice and compensation for their medical expenses, pain and suffering, and more.
What to Do if You Have Been Sexually Abused in CA
Note: If you or your child is in danger, get to safety immediately and call 9-1-1. If you received unwanted sexual contact, CaseyGerry’s experienced team has the knowledge and resources to help you. Our conversations are confidential and consultations are free. We’ll ensure the necessary measures are taken to protect you as we seek justice. We welcome you to contact our firm at (619) 238-1811.
