The owners or managers of an apartment complex in which you were sexually assaulted may be held liable for the attack, depending on the situation. For example, if the attack took place in the common area of the complex and the perpetrator was hiding in a dark area that should have been lit, the owners or managers were negligent in not ensuring proper lighting. Good lighting may have prevented the attack, as the perpetrator could not hide as easily and the victim may have spotted the person and escaped.
If you were sexually assaulted in a retail store, the owners or managers may be considered liable for the attack depending on the circumstances. For example, the store may not have had sufficient security in place to prevent the incident. If the assault took place in the store’s parking lot, the situation may have been avoided had there been sufficient lighting.
If you have been sexually assaulted by your employer, you may fear reporting the crime because you will lose your job. That fear may be the reason an employer sexually exploits and assaults an employee, especially one with few financial resources. Not only should you report the assault to law enforcement, but your employer has violated Title VII of the federal Civil Rights Act of 1964. You must first file an “administrative charge” with the federal Equal Opportunity Employment Commission. Your attorney can guide you through this process.
Even if the employer did not sexually assault you, but you were assaulted by a fellow employee, you may have grounds for a civil suit against your employer. Texas law does not permit civil cases against employers “solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense.” However, the law makes an exception if the employer knew or should have known that the employee committed aggravated sexual assault or a sexually violent offense. You may be able to file a “negligent supervision” case if the attacker had previously made sexually harassing comments to you prior to the assault and the employer knew of it and allowed the harassment to continue.
If you’ve been the victim of a sexual assault, call the police at once and seek medical treatment. A healthcare provider conducts a sexual assault exam, which is not treatment per se but evidence collection and documentation. Have the exam done immediately, as certain types of physical evidence may disappear not long after the incident. You should also ask your healthcare provider about the possibility of pregnancy or testing for sexually transmitted diseases. You will also be referred to a local sexual assault program for counseling.
A law enforcement officer will take a statement from you, starting the investigation. If you know the identity of the person who assaulted you, tell law enforcement.
