When you are a victim of a sexual assault, the first person that you blame is the actual perpetrator of the crime. However there might be other people that bear some responsibility for what has happened to you. They should not be allowed to get a free pass. In legal terms we need to also examine the liability for the way that the premises are managed. The lack of proper security is definitely one of the issues that can cause an incident to arise in this area. In fact there have been cases of litigation to this effect. Therefore if you are in a building you might want to be careful about the security systems and the people that you invite into that building. The people that own properties have a duty of care towards the people that use those properties. You can have some significant liability under the Premises Liability litigation system. It is better to be on the right side of the law rather than to raise your hands and say that it has nothing to do with you.
Contrary to popular belief sexual assault is a crime of power and violence, not passion and lust. 75% are planned not impulsive. 80% of these assaults are committed by acquaintances.
Many women blame themselves for this attack. If they did not consent to the sexual activity it does not matter how they were dressed, if they had been drinking, did not fight back for fear of getting hurt worse.
The trauma can cause all sorts of emotional problems. Besides the guilt, many victims will become depressed and face future trust issues socially and sexually. Many will turn to smoking, drinking and/or drugs; many will suffer post traumatic stress disorder.
Physically a woman would face a plethora of problems such as cuts, bruises and broken bones. The possibility of sexually transmitted diseases, unwanted pregnancy and internal injuries always exists with rape. One should seek medical attention immediately and consider counseling for the long term.
There are ways to help minimize the chances of this happening to you or a loved one. Always be aware of your surroundings. Be confident and assertive in your personal and professional relationships.
The issues that can increase liability include faulty locks or a lack of security cover for a public place or monitoring for secluded areas. If you are an institution that provides round the clock ATMs then you need to be wary of the potential for liability if someone gets injured whilst using the machine. You will need to convince the court that the case was foreseeable before they can award some compensation. The owners of these premises should always carry out a risk assessment to see the possible security risks that can arise. The courts will be interested in the location of the property and the steps that have been taken to protect it. If the court is of the view that there is a clear case of negligence then they will make the award. However in most cases the defendant will try to come up with evidence to the effect that they tried their best. However the courts will objectively look at the evidence of the security measures that they have in place and the reasonableness of the conclusion that they were negligent.
The tasks that the attorney has to concentrate on are related to the assessment of the premises and the security arrangements that come with it. This should be done by experts in the area under the sanction of the court. The findings can then be included in the report that will be given to the court at the time of making the decision. The information that you give to the courts can be very effective in swaying the case towards the direction that you have been hoping for as a team. You will also have the opportunity to review the precedents and how they affect the case in question at this point in time. As the different elements of the case develop you will make a view as to whether a sufficiently powerful case has been made to the court.