Sexual assaults remain alarmingly common in the United States. According to the Centers for Disease Control, “Over half of women and almost one in three men have experienced sexual violence involving physical contact during their lifetimes. One in four women and about one in 26 men have experienced completed or attempted rape.” In many cases, an institution could face civil liability for a sexual assault. This article will explore what types of institutions could be held at fault and under what circumstances liability may occur.
What Institutions Could Be Liable for Sexual Assault in New Jersey?
There are many different institutions that could face civil liability for any instance of sexual assault. These could be private businesses and municipal entities, including:
- Educational Institutions: Public and private schools could face liability for sexual assaults if staff failed to protect students from known risks. Schools have a legal obligation to protect students from reasonably foreseeable sources of harm and enforce all rules necessary for their protection.
- Religious Institutions: Churches and other religious institutions could also be sued for instances of sexual assault. In particular, they could be held at fault if clergy members committed abuse and there is evidence of institutional negligence.
- Healthcare Facilities: Hospitals and other healthcare facilities could be sued if patients are sexually assaulted. Among other things, hospitals must safeguard against sexual assault and ensure all employees undergo thorough background checks.
- Property Owners: Commercial property owners of hotels, malls, apartments, and other venues could be held liable for sexual assault through a negligent security claim. These institutions have a legal obligation to protect guests from reasonably foreseeable sources of harm.
- Law Enforcement and Correctional Facilities: Sadly, a lot of the sexual assault that takes place occurs in jails and other correctional facilities. These institutions could face liability for assaults under 42 U.S. Code § 1983 of the Civil Rights Act.
- Rideshare Companies: Uber and Lyft could also face liability for sexual assaults involving their drivers. In particular, these companies have occasionally allowed criminals to continue to transport customers.
In general, sexual assault lawsuits against institutions in New Jersey will be based on three legal theories. The institution negligently hired, trained, or supervised the assailant. The institution failed to maintain a safe environment for the victim. Or the institution breached their fiduciary duty by failing to protect an individual in their care.
Damages Available in Sexual Assault Cases in New Jersey
Victims of sexual assaults are entitled to certain damages. Compensatory damages are intended to reimburse victims for the losses and suffering they have endured as a result of the assault. These damages may include:
- Economic Damages: This will include costs to treat physical injuries. It also covers costs related to counseling, therapy, and other forms of mental health treatment. An assault may also necessitate that a person take time away from work and therefore lose out on those wages. All of this is taken into consideration.
- Non-Economic Damages: Many of the injuries from a sexual assault are more abstract than lost wages or healthcare costs. Victims are able to be compensated for their pain and suffering and mental anguish.
- Punitive Damages: Depending on the facts of any case, an institution may owe a sexual assault survivor punitive damages. These are damages designed to punish defendants for conduct that is deemed to be particularly careless or egregious. It is also intended to deter similar misconduct.
Sadly, schools, hospitals, and other institutions will often fight hard to deny responsibility for any sexual assault on their premises. This is why it is so important for victims of sexual assault to seek legal advice early on.
Getting Legal Help for a New Jersey Sexual Assault Claim
It can be hard to know where to begin after any instance of sexual assault. But it is important for survivors to understand that they do have rights. They do have the ability to sue New Jersey institutions if their sexual assault was due to negligence.
Have you or someone that you care about been the victim of sexual assault in New Jersey? You may have legal recourse. Our team of New Jersey sexual assault attorneys at Beninato & Matrafajlo can help you. We are committed to supporting survivors and holding institutions accountable for their neglect. Whether you just have legal questions or are thinking about hiring an attorney, we are here to serve your needs. You can reach out to us anytime at 908-355-7100