NCJ Number
199260
Journal
Sexual Assault Report Volume: 5 Issue: 4 Dated: March/April 2002 Pages: 49-50,58,59
Editor(s)
Joan Zorza
Date Published
March 2002
Length
4 pages
Annotation
This article addresses the need to consider the potential liability of others in sexual assault cases in the same manner that is done in other situations.
Abstract
The author discusses available civil litigation options for a sexual assault survivor in terms of several categories of legally responsible persons and entities, other than perpetrators. He notes that most State legislators, courts, district attorneys, investigators, advocates, forensic nurses, and sexual assault survivors do not look beyond the perpetrator's guilt when prosecuting a sexual assault case. It is the focus of this article to present the case for considering the potential legal liability of landowners and property managers, an employer of a perpetrator, schools, parents or guardians, and the hosts of social or business functions in the event of a sexual assault. If they should have known about the danger, created the dangerous condition, or had actual notice of the danger, these individuals or entities are described as having a legal responsibility to warn potential victims or to remedy dangerous conditions. Examples of the most common management-created dangers, affirmative acts or omissions directly leading to the attack, are provided. In conclusion, it is noted that if there is found to be any connection between the acts or omissions of a person or entity and an attack, then they may be partially responsible for the attack itself.