Studies have shown that one out of every six women experiences sexual violence. The same study stated that one out of 10 rape victims is male. Although women experience sexual advances more often than men, the gender of the victim should not be stigmatized. Regardless of gender, if you’ve been sexually abused, you must consider filing a lawsuit.
However, most of the time, some people are accessories to the crime. And if you are wondering if you can hold them liable as well, the short answer is yes. These third parties can be an employer, landlords, or even organizations such as schools.
Under certain circumstances, you can even ask the liable third parties for compensation. But how can you make them pay for their unjust actions? Read on to learn about third-party liability for sexual assault claims and how you can benefit from it.
Settlement Funding for Sexual Abuse Claims Cases
Sexual abuse is far too common, but survivors often find that insurance companies deny their claims even though they are in an ongoing legal battle. There are many reasons why the claims are denied by their insurers, but it can sure give the plaintiff a hard time financially.
Oftentimes, victims have a hard time managing their living and legal expenses. But settlement funding for sexual abuse claims cases is a good option for victims seeking compensation in an ongoing lawsuit.
Examining Liability in a Sexual Assault Claim
The Law of Agency says that if the victim and perpetrator act within the agency’s scope, then the agency is responsible. For example, if your boss sends you to do something where you are assaulted in the process, then your boss would be liable.
However, liability doesn’t attach simply because someone was present during an assault. It would not be held liable if it took no part in it or acted.
Who Could Be Held Liable in a Sexual Assault Case?
A person can be found guilty of sexual assault under two conditions: intentional and unintentional.
- Intentional variety is when someone willfully and intentionally commits a sex act on another without consent.
- The unintentional type is where the person does not know it was without consent. Commits an act of sexual intercourse with another unconscious or so intoxicated that they can’t give their support.
The Testimonial Privilege and Rape Accusations
In the United States, The Supreme Court has ruled that there is no testimonial privilege when it comes to accusations of sexual assault.
Anything an accuser said to any third party can be admissible in court. It typically means that a witness (or accuser) can be forced to answer questions about what was said during their interactions with the accused.
Sex Offenders and the Testimonial Privilege
All 50 states currently have laws against sexual assault in the United States. Anyone convicted of these crimes is usually sentenced to imprisonment and other penalties. However, in some instances, those who have been assaulted by someone other than the perpetrator can also take legal action.
For example, many people consider hotels liable for damages from sexual assault if it happened on their property. Hotels are obligated to protect their guests and prevent such incidents from happening.
Tort Liability for Sexual Assaults in Non-rape Cases
Some more common torts concerning sexual assault are assault, battery, false imprisonment, and intentional infliction of emotional distress. The majority of the time, these damages occur in conjunction with rape cases where there is physical contact or physical invasion.
However, such torts may also arise in the context of sexual assault without rape or physical contact. Liability in this context will often depend on the intent of the accused party.
Private Party Liability for Non-Serious Injuries
When the other party is liable for a sexual assault, liability may arise from an employment relationship, supervision, or hosting guests at home. For example, sexual harassment laws may make the employer liable in the workplace. When an employee sexually assaults another person in the workplace.
There was a notice of some past incidents to warn of future conduct by that employee towards coworkers. Public liability would occur where the employer could have anticipated an assault due to prior instances. It took reasonable measures to reduce the risk of harm.
In both cases, it is necessary to show how employers were negligent to succeed with a suit against them.
Common Law Claims Against Third Parties After an Alleged Rape
If you have been the victim of sexual assault and believe that someone other than the assailant is responsible, there are a few potential legal avenues you can pursue.
One common law claim you may have against a third party is negligence. It means that the third party was not adequately attentive to your safety. And failed to take reasonable measures to protect you. For example, if you accuse a friend of rape and he denies any involvement. You may be able to argue that he was negligent in his role as your friend. Therefore, you are liable for your injuries.
You may also be able to sue the third party for damages such as pain and suffering, mental anguish, and lost income. Again, it will depend on the specifics of your case, but seeking legal help is always an option if you’re unsure where to start.
Personal Injury Claims Against Colleges Following Rape Accusations
Many people might think the school is responsible when a student reports being raped on campus. But what if the accuser is not sure she was raped? Can a third party be liable for sexual assault under these circumstances?
In most cases, yes. A third party can be held liable for sexual assault if the third party knew or should have known about the rape. And did not take reasonable steps to prevent it from happening. It includes individuals who were directly involved in the rape and those who were complicit in helping to plan or carry out the rape. And those who knew of but did not report the rape.
If you’ve been hurt due to another person’s actions, don’t hesitate to speak with an attorney. An experienced lawyer can help you understand your options and protect your rights.
Sexual assault can devastate the victim and often leaves them feeling betrayed and alone. If you are the victim of sexual assault by someone you know, it is essential to remember that you are not alone.
Support systems are available to help victims rebuild their lives after a sexual assault. If you are considering filing a police report or want to speak with an attorney about your situation, please do not hesitate to reach out.