Shared Responsibility in a Sexual Assault Case

When people think of accountability after sexual assault, they tend to think of the perpetrator alone. However, under California law, these cases may go beyond the victim and perpetrator, including institutions that fail to protect victims.

Hotels, bars, employers, property owners, and others may be held legally responsible for sexual assault that occurs on their watch. Learn more about how these cases work and what you should do if you’re a victim. To discuss your case in greater detail, call Taylor & Ring today.

Three legal paths to hold institutions accountable

California law recognizes a variety of legal theories that let survivors take action against parties whose action or inaction led to their sexual assault. Your sexual assault lawyer can explain how these theories apply to your case.

Direct and vicarious liability

An employer can be held liable for wrongful acts committed by an employee within the scope of employment. Although sexual assault is generally outside the scope of employment, an employer may still be held liable when the employee’s job-related authority or access enabled the assault, or where the employer was negligent in hiring, supervising, or retaining the employee. For example, you may be able to sue hotel for rape in California if a hotel employee uses their access to key cards to target a guest and rape them.

Failure to provide reasonable security

Property owners have a general duty under state law to keep their property in a reasonably safe condition. When it comes to sexual assault, that often means adequate security. This can play out in a variety of ways. Imagine a hotel with rooms lacking functional locks, inadequate security camera coverage in high-risk areas, or security patrols. Another example: a bar that overserves patrons and doesn’t intervene when someone steps in to take advantage of a severely impaired guest. If a sexual assault was foreseeable and the property did not have reasonable security measures in place, the property owner may be held responsible. Proving foreseeability is often the main challenge here.

Negligent hiring or supervision

Institutions can also be liable for rape when they place dangerous individuals in positions of trust. They may be accused of negligent hiring for failing to properly vet employees, negligent retention for keeping employees who have shown signs of willingness to endanger guests, or negligent supervision for failing to properly monitor employees’ conduct. In one landmark case, C.A. v. William S. Hart Union High School District, it was established that school districts can be held liable for negligent hiring, supervision, or retention of employees that sexually abuse students, regardless of whether or not the abuse occurs on school grounds.

Why third-party claims matter in sexual assault cases

People may wonder why third-party claims have value in sexual assault cases. While holding the actual physical perpetrator of the crime is critical, it is also important to address systemic failures that allow perpetrators to act with impunity. Furthermore, even the existence of third-party liability incentivizes safer policies and training protocols, as businesses will want to protect themselves from lawsuits. Finally, third-party claims give victims access to compensation when the perpetrator may not be able to pay.

Third-party sex crime claims: your questions answered

We’ve rounded up some of the most common questions we get regarding third-party sex crime claims and what this type of claim means for you.

• Can I sue the bar if I was drunk but the rapist wasn’t? These cases are very fact-specific. California law sharply limits lawsuits against bars for alcohol service. In most cases, overserving an adult does not create liability, though narrow exceptions may apply, particularly where intentional misconduct or service to a minor is involved. However, in general, California has strong limitations in these types of claims against bars.
• Can I sue a hotel for rape in California? You may be able to sue a hotel for rape in California if inadequate security, poor maintenance, or employee misconduct led to the rape.
• What if the rapist was off-duty? That doesn’t necessarily matter. An employee’s off-duty status can limit employer liability, but employers may still be held accountable where job-created authority or access played a substantial role, or where the employer was negligent in hiring or supervision.
• Do I need a criminal case to sue? The standard of proof is lower in civil lawsuits, so victims may still be able to hold other parties accountable even if there are no criminal charges.
• How much is my third-party claim worth? This depends largely on the facts of your case, the severity of the harm you suffered, the financial costs associated with your sexual assault, and how negligent the institution was.
• What if the institution claims they didn’t know? Actual knowledge isn’t always required. Even if the institution should have known, that may be enough for a successful lawsuit.
• Are there time limits? While California has extended civil deadlines for sexual assault claims, lawsuits against government entities are subject to much shorter claim-filing deadlines under the Government Claims Act.
• Can multiple parties be sued at once? It’s normal for a claim to name multiple defendants.
• Is this about money or accountability? Money is the only way that civil court can make a victim whole, and seeing a perpetrator be held accountable can be very important for a victim’s healing process.

Accountability is bigger than one person

Sexual violence doesn’t occur in a vacuum. It’s often the result of multiple systemic failures, from those that discourage the importance of consent or claim that mistreatment is a sign of affection to institutional failures that leave guests exposed to dangerous employees or unguarded hotel rooms.

You deserve closure–call Taylor & Ring now

If you believe a hotel, bar, employer, or property owner played a role in your sexual assault, your next step is speaking with an attorney in California. We can help you understand your rights and plan your next steps. Reach out online or call us today.