Options for Sexual Assault Victims

 

After avoiding criminal responsibility for decades of sexual assault and abuse allegations from numerous accusers, in September 2021 a jury finally found R Kelly guilty on all nine counts raised by prosecutors. The Anchorage Daily Newscovered the story in a September 27, 2021 article, reporting that the R&B superstar’s scheme to groom and victimize young women violated multiple federal laws. Kelly has been incarcerated by federal officials and held without bail since 2019. When his punishment is issued by the judge at the sentencing hearing scheduled for May 4, 2022, he faces up to 20 years in prison.

R Kelly’s victims also have rights under personal injury laws, and his personal wealth may be sufficient to cover these claims. However, his imprisonment may impact the ability of plaintiffs to recover full compensation. If you were hurt under similar circumstances, you may also wonder about your options. You can trust your Alaska sexual assault attorneyto deal with the specifics, but you be aware of other parties to pursue when an abuser goes to prison.

 

Extending Liability in Sexual Abuse Cases

One of the biggest challenges in a civil lawsuit for sexual assault is collecting judgment if you do prevail. The offender may be imprisoned and unable to work, so you cannot garnish wages. Insurance may not cover your losses, and there might not be a way to access assets belonging to the defendant to satisfy the judgment. Still, you might question how you could seek compensation from a person or entity who was NOT the attacker.

The answer lies in the concept of negligence. A party that is careless in allowing the sexual assault to occur could be liable for failing to provide adequate security, and you may have better odds of satisfying the judgment in a civil lawsuit. It will be necessary to prove four elements to prevail in a case for negligent security that leads to sexual abuse:

  • The party had a duty to exercise reasonable care with respect to the victim;
  • The person or entity breached this legal obligation by failing to protect or provide security;
  • The breach of duty was the reason that sexual assault occurred; and,
  • The victim suffered losses as a result of the attack.

 

Potential Parties in Sexual Assault Claims

With these essential elements in mind, you can guess some of the parties that might be subject to liability a sexual abuse case. The party with a duty might be an employer, day care center, school, or nursing home. For these entities, the legal obligation may arise out of a statute, common law, or contract. Fortunately, you can still recover the same forms of compensation, including emotional distress and pain and suffering.

 

Contact Our Alaska Sexual Assault Lawyers Today

Things may seem grim if an abuser goes to prison after a conviction for sexual assault, but it is reassuring to know that you may have options against other potential parties. To learn more about them, please contact Power & Power Law to schedule a free consultation at our offices in Anchorage.