In the wake of numerous high-profile sexual abuse cases, it is important to recognize the role that entities and companies may play in enabling such abuse. Holding these organizations accountable is not only a matter of justice for the victims but also a crucial step in preventing future abuse. The legal system offers survivors avenues for seeking justice and compensation, such as sexual abuse suing entities companies, helping them rebuild their lives, and ensuring that those responsible are held accountable.
As a victim of sexual assault, there is no question that you are experiencing a range of emotions and pain. You have been violated in the worst way possible. You may be feeling exposed, vulnerable, angry and confused. You are completely justified in these feelings.
While we cannot reverse what happened to you, we can tell you this: We firmly believe that you deserve tough, diligent, and caring legal help. You need a law firm that will protect you and seek justice for the awful event that has occurred.
We understand that this is a very difficult situation. We encourage you to call our Kansas City law firm at 816-399-5149 today to talk about your legal rights and options. All consultations are free of charge.
Holding Entities and Companies Accountable for Sexual Abuse
Entities and companies may face legal consequences for their role in enabling abuse, which can encompass negligent recruitment, supervision, and lack of victim protection. Examples of third parties that can be sued in a sexual abuse civil lawsuit include:
- Government entities
- Employers who failed to adequately screen or monitor an employee who sexually assaulted a person
A company’s liability can be reduced by implementing regulations, educating staff, promptly examining complaints, and averting retaliation.
Negligent Hiring and Supervision
When a company fails to exercise due diligence in hiring and supervising employees, negligent hiring and supervision occur. An example of negligent hiring or supervision is when an employee has a history of sexual misconduct that the company neglected to identify or failed to investigate during the hiring process. The company may be held accountable for any assaults that an employee commits. The company can face legal action if it fails to take appropriate measures after hearing about any cases of misconduct. It is their responsibility to ensure a fair and harassment-free workplace.
Vicarious liability refers to the legal doctrine whereby an employer is held liable for the actions of their employees while they are performing their job duties, including cases of child sexual abuse. The “negligent hiring” and “negligent supervision” theory holds that school districts, which have failed to adequately screen applicants or monitor employees later found guilty of child sexual abuse, may be held liable. Such actions may thus lead to the payment of compensation to a victim of such abuse. Negligence on the part of the institution can lead to a sexual assault claim filed by victims.
Duty to Protect Victims
Businesses and institutions have a legal obligation to safeguard clients, customers, and employees, including sexual assault survivors, from abuse and can be held accountable for not taking reasonable precautions. Institutions may be held liable for sexual abuse if they do not take sufficient measures to safeguard their community members from an abuser. Victims can seek justice and compensation through civil court.
Companies can minimize the risk of liabilities by:
- Having effective sexual harassment policies in place
- Implementing training programs, security methods, and response protocols as part of an overall strategy for risk avoidance
- Safeguarding employees from foreseeable harm
By taking these precautions, companies can help to create a safer environment for their employees, clients, and customers.
Pursuing Legal Action Against Perpetrators and Institutions
Victims of sexual violence can seek justice and compensation by pursuing legal action against both the individual perpetrator and the institutions that facilitated the abuse. Each legal path has its benefits and challenges, and understanding the options available is crucial for survivors as they navigate the complexities of the legal system.
Filing a Lawsuit Against the Perpetrator
Filing a lawsuit against the perpetrator can provide validation and closure for the victim, as well as hold the perpetrator accountable for their actions. The process of filing a lawsuit involves outlining the details of the abuse and the damages being sought professionally and comprehensively, providing evidence to support the claim, such as medical records, witness statements, and any relevant documentation of the abuse.
As an initial step, it’s beneficial to consult with an attorney from Holman Schiavone Law, LLC who has experience in sexual abuse cases, including childhood sexual abuse. We can assist in collecting evidence, determining the appropriate jurisdiction to file a lawsuit, and guiding the victim through the complexities of the legal process.
Suing Institutions for Enabling Abuse
Survivors of sexual abuse, also known as sexual abuse survivors, can seek justice and compensation for their suffering by engaging in a legal process that sues institutions for enabling abuse. This process involves filing a civil lawsuit against the institution that enabled the abuse, such as a school, church, or business. Institutions like Columbia University, Ohio State University, and the International Churches of Christ have all been sued for enabling sexual abuse.
The courts have historically addressed cases of institutions enabling sexual abuse through various legal proceedings, including:
- Civil lawsuits filed by survivors seeking compensation
- Criminal charges against individuals within the institution who were directly involved in enabling the abuse
- Imposing fines, sanctions, or other penalties
These actions can help expose systemic issues and prevent future abuse, especially when evidence of abuse is brought to light.
Compensation and Damages in Sexual Abuse Lawsuits
Compensation and damages in sexual abuse lawsuits can include monetary awards for physical and emotional pain, lost wages, and medical expenses. These financial resources can help victims rebuild their lives and address the physical, psychological, and financial losses incurred due to the abuse. In a sexual abuse lawsuit, the goal is to provide justice and support for the victim.
The specific amount of financial compensation will depend on the particulars of each case, including the magnitude of the physical, emotional, and financial hardship endured by the individual.
Choosing the Right Legal Representation
Sexual abuse victims need to select appropriate legal representation, as experienced sexual abuse lawyers can offer tailored advice and strive for the most favorable resolution. When selecting sexual abuse lawyers, victims should consider their experience in sexual abuse cases, compassion, familiarity with applicable laws, excellent communication and negotiation abilities, reliability and confidentiality, and commitment to justice and advocacy.
Selecting the right attorney can make a significant difference in the outcome of a victim’s case.
We Are Experienced in This Difficult Area of Personal Injury Law
At Holman Schiavone Law, LLC, we handle many different types of cases involving sexual assault, including molestation and rape. Our attorneys handle cases arising from:
- Negligent security
- Bar and club assault
- Assault committed by trusted individuals
- Sexual harassment in the workplace
If you have been sexually assaulted, there will be two components for you to address: a criminal component and a personal injury component.
As staunch advocates of personal injury victims, we have ample experience in and knowledge of the strategies that are available for obtaining justice on behalf of our injured clients. We are a multifaceted law firm, ready to provide you with comprehensive help to address the full spectrum of your case.
Contact Holman Schiavone Law, LLC to Secure Justice Against Sexual Abuse
Holman Schiavone Law, LLC can assist sexual abuse victims by offering bespoke legal representation, combating corporations and insurance companies, and bringing cases to jury trials. Our experienced attorneys work on cases related to:
- Employment law
- Sexual abuse
- Personal injury
Our Kansas City law firm is dedicated to seeking and securing justice on behalf of assault victims. Call our Kansas City personal injury lawyers today at (816) 290-7494 or contact us online to arrange your free consultation to learn how we can help.
Frequently Asked Questions
I was assaulted at work and they fired me. What do I do?
If you have been sexually assaulted at work and then fired after, you may have a personal injury claim against your employer. You should contact Holman Schiavone Law, LLC, a personal injury lawyer in Kansas City to evaluate your claim.
Under the law, employers are required to provide a safe working environment for their employees. This includes taking steps to prevent sexual assault from happening in the workplace. If an employer fails to do this and you are sexually assaulted as a result, the employer may be held liable for your injuries.
In addition, if you are fired after reporting a sexual assault, you may have a claim for wrongful termination. Employers are not allowed to retaliate against employees who report sexual misconduct. If you have been fired after reporting sexual assault, you should contact Holman Schiavone Law, LLC in Kansas City to discuss your legal options.
What is the legal basis for holding entities and companies accountable for sexual abuse?
Entities and companies can be held legally accountable for sexual abuse due to their failure to properly recruit staff, lack of oversight, and not providing adequate protection to victims.
How can victims pursue legal action against both perpetrators and institutions?
Victims of abuse can pursue legal action by filing a civil lawsuit against both perpetrators and institutions that enabled the abuse, to seek compensation and justice.
What factors determine the compensation for victims of sexual abuse?
Compensation for victims of sexual abuse is determined by the gravity of the physical, emotional, and financial hardship they have endured.
How can victims choose the right legal representation for their sexual abuse case?
Victims should carefully evaluate a lawyer’s specific experience in sexual abuse cases, compassionate demeanor, knowledge of relevant laws, communication and negotiation skills, commitment to confidentiality, and dedication to advocating for justic