How to Prove Negligence in a New Jersey Sexual Assault Case

Sexual assaults remain all too common across New Jersey and the United States. According to RAINN, “Every 68 seconds another American is sexually assaulted. 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime (14.8% completed, 2.8% attempted).” Victims of sexual assault have the legal right to seek justice through the criminal and civil courts. Demonstrating negligence in a sexual assault case is critical to winning a positive outcome in a civil claim.

Understanding Liability for New Jersey Sexual Assault Cases

Negligence occurs when a person or entity fails to act with the level of care that a reasonably prudent person would in order to prevent harm. With respect to sexual assault cases, negligence will usually involve third parties who had a duty to prevent harm but failed to do so. Numerous entities could be held liable for sexual assault.

• Property Owners: A property owner could be held liable for a sexual assault if they failed to maintain their premises in a safe condition. This may include instances where a property owner failed to hire security personnel despite an obvious need to from a history of prior incidents.
• Employers: An employer could be liable for sexual assault if they negligently hired or continued to retain an employee who posed a risk. For example, an employer may have failed to perform a background check on someone who had been convicted of assault.
• Institutions: Various institutions, such as schools, religious organizations, and businesses, could be liable for sexual assault. In particular, schools have a legal obligation to adequately supervise children and protect them from reasonably foreseeable sources of harm.

Sexual assaults are much more likely to occur when people and organizations fail to follow safety procedures. This is why it is so important that these institutions follow the law and understand what factors lead to sexual victimization and predation.

Elements Needed to Demonstrate Negligence for New Jersey Sexual Assaults 

In order to establish negligence for any instance of sexual assault, plaintiffs will need to demonstrate four elements.

• Duty of Care: Plaintiffs must show that the defendant owed them a duty of care. For instance, hotels must maintain a safe environment for guests.
• Breach of Duty: Plaintiffs must show that the defendant somehow breached their duty of care. A breach may have occurred if an organization ignored warnings about the sexual misconduct of a certain person.
• Causation: Plaintiffs must demonstrate that a breach was the proximate cause of their injuries. In most cases, this will entail showing that the harm was a foreseeable outcome of the negligent actions of the defendant.
• Damages: Plaintiffs must demonstrate that they suffered damages as a result of the assault. Damages may include physical trauma as well as emotional distress.

If a plaintiff manages to clearly and convincingly demonstrate these four elements, they are much more likely to be successful in winning their civil claim.

Evidence Needed to Demonstrate Negligence for New Jersey Sexual Assaults

Building a strong case requires that a plaintiff gather evidence in order to support each of the elements of negligence. What follows are just some of the evidence that should be gathered for any lawsuit alleging sexual assault.

• Incident Reports: It is important that victims report the incident to the police as early as possible. This helps create an official record of what happened and preserve evidence related to the assault.
• Photographs and Videos: Many assaults are captured on surveillance footage. Even if the assault is not captured, photos and videos can help show that a property was in an unsafe condition.
• Witness Statements: Collecting witness statements can help corroborate a plaintiff’s version of evidence.
• Expert Testimony: When assessing whether or not a defendant’s actions were reasonable, it is often necessary to consult with relevant expenses. For example, security experts can speak to security flaws that may have contributed to an attack.
• Institutional Records: Emails, complaints, or reports from an organization can help demonstrate that they were aware of a certain danger and failed to act all the same.

Sexual assaults are often highly preventable. But in far too many situations, organizations will turn a blind eye to misconduct until they are dealing with legal ramifications.

Getting Legal Help After A Sexual Assault

Victims of sexual assaults often suffer very severe psychological trauma. In particular, victims may develop anxiety, depression, or post-traumatic stress disorder (PTSD). Having skilled legal representation can often make all the difference when it comes to proving negligence and obtaining a fair outcome.

If you or someone that you care about has been the victim of a sexual assault in New Jersey, you may have legal recourse. Our team of highly experienced New Jersey sexual assault attorneys at Beninato & Matrafajlo are here for you. We are committed to helping assault victims get justice and holding their attackers legally responsible for their actions. 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.