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Recovering Compensation For Sexual Abuse: How The Abuser’s Employer Can Be Held Liable For Your Damages
July 21, 2018 by Michael Rott
Categories : Sexual Abuse
Abuser's Employer Can Be Held Liable For Your Damages

Call it whatever you want – sexual abuse, sexual assault, or rape – but it does not change the fact that this is the most under-reported crime in California and all across our nation. In fact, more than 63 percent of all sexual assaults are not reported to police, while only 12 percent of sexual abuse involving children are ever reported to law enforcement.

The vast majority of victims of sexual abuse are reluctant to report these crimes to police out of fear of the potential retaliation from their abuser, embarrassment of having to report this crime to authorities, and lack of trust or belief that police will be able to find the abuser and that the criminal justice system will convict the abuser.

“Even when victims of rape and sexual abuse do report these crimes to authorities, the criminal justice system fails to prosecute the abuser, fails to convict the sex offender, or fails to obtain an adequate amount of monetary recovery to cover the victim’s emotional and physical damages,” says our San Diego sexual abuse attorney from the Hiden, Rott & Oertle, LLP.

Lifetime physical, emotional, and psychological damages of sexual abuse

Survivors of sexual assault and rape can suffer a lifetime of:

  • Post-traumatic stress disorder
  • Anxiety
  • Depression
  • Painful flashbacks
  • Sleep disorder
  • Sexually transmitted disease (STD) passed during the sexual abuse
  • Inclinations to self-harm
  • Inclinations to substance abuse
  • Inclinations to attempt suicide

These devastating effects of sexual abuse and rape can significantly alter the victim’s quality of life, ability to enjoy life, ability to get married or have children, and ability to earn a living, among other emotional, physical, and psychological damages.

Luckily, every victim has a legal right to hire an experienced sexual abuse attorney in San Diego, Chula Vista, Palm Springs or elsewhere in California to be represented in a case involving rape or sexual assault. Not only will being legally represented help protect the victims from potential retaliation, but also increases their chance of successfully recovering the maximum amount of damages by getting the prosecutor to convict the sex offender.

Potential source of recovery in a sexual assault case

As a rule of thumb, there is not much you can recover from the sex abuser unless he/she is some kind of a wealthy individual (which is rarely the case). Most of the time, however, sex offenders do not have much money, which means recovering damages from the abuser is often impossible.

But there are many other potential sources of recovery your lawyer will have to look into when investigating your particular case. One of such sources is holding the abuser’s employer liable for the damages as long as the employer knew or should have known that they hired or are continuing to employ sexual predators, therefore providing them with income to exist and live.

Sex abusers are often employed by corporate entities, religious institutions, government entities, and community organizations. Way too often, employers fail to conduct a sufficient background check prior to hiring or ignore complaints or even obvious signs of the sex offender’s sexual misconduct in the workplace. Also, there is a lack of adequate supervisor of employees which can be responsible for the occurrence of sexual abuse.

In these situations, the victim of sexual abuse may be able to hold the abuser’s employer liable for the physical, emotional, and psychological damages caused by the sex offender.

How the sex abuser’s employer may be held liable

Our San Diego sexual abuse attorney explains that there can be many forms of sexual abuse, all of which are unlawful. Under California law, whenever any of the following takes place without consent, it is considered sexual assault or abuse:

  • Penetration
  • Oral sex
  • Statutory rape
  • Criminal transmission of STDs or HIV
  • Prostitution
  • Flashing private parts
  • Exposing minors to pornography
  • Taking inappropriate pictures or recording inappropriate videos of children
  • Having a sexual relationship with a family member

Unfortunately, sexual abusers and sex offenders exist pretty much everywhere, from hospitals, schools, mental health facilities, and nursing homes to religious institutions, community organizations, dorms, fraternity or sorority houses, and workplaces.

Here at the Hiden, Rott & Oertle, LLP, our best sexual assault lawyers in California have represented victims of sexual abuse and rape against priests, ministers, lawmakers, judges, nurses, doctors, politicians, directors, actors, teachers, school employees, college students, as well as the victims’ co-workers, family members, and even their partners and spouses.

Let our skilled lawyer conduct a thorough and careful investigation, collect evidence, interview witnesses, and prepare a solid legal case to help you recover damages in your sexual abuse case. Call at 619-630-0205 or complete this contact form for a free case evaluation.

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