A Sexual Assault Attorney is Here to Help
Sexual Assault of Minor Children
No matter how careful parents are, their innocent children can become victims of sexual assault, including rape, sodomy, molestation, and other improper sexual conduct.
The facility where the assault occurred may be a trusted facility and the sexual predator may be a trusted employee of the facility. The facility may be child care, place of worship, mother’s day out, charitable organization, school, hospital, child activity, organized sports, commercial facility, and other facilities.
The sexual predator may be of any age, any personality type, any economic status, any education level, any intelligence level, any occupation or profession, anyone. He or she may be a coach, church youth minister, youth camp worker, nurse, doctor, rabbi, priest, minister, scout leader, teacher, day care worker, and virtually anyone that is around children. Many sexual predators try to work in places where they will have contact and sexual opportunities with children.
The damages to the child from sexual assault can be very catastrophic and scar the child for a lifetime. Special counseling for the child and parents may be needed for an extended period. Other treatment and medication may be necessary. The memories may be long lasting or may become repressed, but still can cause catastrophic problems much later in life.
The crime of sexual assault must be reported to the police immediately to hopefully prevent the perpetrator from assaulting other children. Otherwise, the predator may go to a different employer or facility where he/she can sexually assault and damage other innocent children.
The predator is liable for the harm caused by sexual assault, but normally does not have assets to pay a civil judgment. Insurance policies covering the predator usually do not apply because intentional acts and criminal acts are normally excluded from the insurance policy. Therefore, the facility that employed the sexual predator is normally included in the claim.
The facility that employed the sexual predator can be civilly liable for damages caused by the sexual assault in several ways, including the following:
- Negligent hiring of the predator employee, such as failing to do adequate background investigation.
- Negligent retention of the predator employee after signs of sexual conditioning or other signs of potential sexual assault of children.
- Negligent supervision of its employees to ensure that the opportunity for sexual assault does not exist.
- Negligent training of its employees on how to watch for signs of potential sexual assault.
- Negligently failing to adopt and enforce guidelines to prevent sexual assault.
- Negligent security to ensure that unauthorized persons do not gain access to the children it is serving.
- Negligently failing to investigate and deal with other complaints of alleged sexual assault, creating an atmosphere of tolerance and protection of the predator employee.
- Vicarious liability for conduct of the predator employee if generally acting within the course and scope of employment.
At the Law Firm of Roger “Rocky” Walton, P.C., we understand the special circumstances of this kind of case. We protect the identity of the child and family to the extent allowed by law. Our kind and professional staff knows how to deal with crime victims of this nature. We also know how to represent the sexual assault victim and family to seek justice and fair compensation for damages.
There are deadlines associated with making a claim of this type, so please contact the Law Firm of Roger “Rocky” Walton, P.C. immediately at 817-429-4299 to get answers and set up a confidential conference with a qualified and experienced attorney.
Sexual Assault of Adults
Much of the above discussion about Sexual Assault of Children also applies to adults. Adults can also be sexually assaulted by employees of facilities of different types. If it occurs in the victim’s workplace and may be handled as an employment claim rather than an assault claim.
If the employer was negligent in the hiring, retention, or supervision of the sexual offender, the employer can be liable even when the sexual assault is by force. The employer can also be liable when the victim’s supervisor uses the threats or benefits concerning employment in connection with the sexual acts.
Adults can also be assaulted by nurses, hospital employees, psychiatrists, chiropractors, psychologists, medical doctors, counselors, ministers, youth leaders, rabbis, priests, clergy, mental facility employees, nursing home staff, and other individuals that take unfair advantage of the compromised health, mental status, or emotional condition of the adult victim. Adults can also be sexually assaulted when a facility does not have proper security to protect against sex offenders.
At the Law Firm of Roger “Rocky” Walton, P.C., we understand the special circumstances of this kind of case. We protect the identity of the victim to the extent allowed by law. Our kind and professional staff knows how to deal with crime victims of this nature. We also know how to represent the sexual assault victim and family to seek justice and fair compensation for damages.
There are deadlines associated with making a claim of this type, so please contact the Law Firm of Roger “Rocky” Walton, P.C. immediately at (817) 429-4299 or toll-free at (888) 762-5988 to get answers and set up a confidential conference with a qualified and experienced attorney. We represent victims of sexual assault in Arlington, Dallas, Fort Worth and Mansfield, Texas.
The personal injury information offered and contained herein, regarding personal injury statutes and claimants' rights is general in scope. No attorney client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice.