Who are Potential Parties in an Alaska Sexual Assault Claim?
Sexual assault and abuse are serious offenses in every US state, and Alaska’s criminal code includes harsh penalties for violating the law. Under the statutes on sexual offenses, almost all of these crimes are charged as felonies. Even the lowest level offense is a Class C Felony punishable by up to five years in prison and a $50,000 fine. The most serious offense is Sexual Assault in the First Degree, which is an Unclassified Felony. If convicted, the penalties may include up to 99 years in prison.
However, the criminal side of a sexual assault case is to punish the offender. A conviction may bring closure, but the victim does not recoup anything for their losses. Instead, it is necessary to pursue a civil claim under Alaska personal injury laws. Many people have doubts about seeking damages from an individual who may be spending time behind bars, but there could be other parties. Your Alaska sexual assault and abuse lawyer can explain specifics, but the best way to understand potential parties is to separate them by theory of liability.
Negligent Supervision
Though a sexual assault involves intentional, criminal conduct, the unlawful acts may have been indirectly caused by another party’s lack of supervision over the offender. These issues typically arise in the context of employment, where the employer does not properly monitor an employee. To prove negligence, you must have evidence showing that:
- The employer has a duty to protect others from harm, including customers, vendors, and business partners;
- The company became aware of problems with an employee;
- Despite this knowledge, the employer did not take remedial or other action; and,
- The victim was harmed as a result.
The potential party is the employer, perhaps a repair, utility, or cable company that sent the dangerous employee to your home.
Inadequate Security
Negligence is also an issue when it comes to the duty of property owners to keep their premises safe. They may breach the duty of care by failing to implement appropriate security measures which, in turn, facilitate sexual assault and related crimes. Examples include not installing proper lighting or hiring a security guard. You may have grounds to pursue:
- A grocery shop or big box store owner;
- The owner of an office or apartment complex;
- Owner-operators of a convenience store or gas station; and,
- A property management company.
Failure to Protect Children
Parents may entrust others to provide care for children, and these parties are responsible for protecting them. There is some overlap with negligent supervision, but employers have a higher duty with respect to employees who will be in contact with children. Potential parties may include:
- A private or public school;
- Daycare or childcare facilities;
- A religious organization;
- A sports association; and,
- Many others.
Discuss Details With an Alaska Sexual Assault and Abuse Attorney
For more information on potential parties that crime victims can pursue in civil court, please contact Power & Power Law. You can call 907-222-9990 or visit our website to schedule a no-cost case review at our offices in Anchorage, Alaska.