Sexual assault should never happen. Often, these attacks result from a person or institution failing to protect their students or workers. In these cases, liability plays a role, and these entities can be held responsible for their lack of inaction.
According to the National Sexual Violence Resource Center, sexual assault is a serious threat that can happen to anyone at any time. In these cases, the criminal justice system will hold these individuals accountable for their actions, and you also have the right to take civil legal action to get the compensation you deserve in Star Valley.
At Edwards Law Office, P.C., we want to make the path to justice easier for you in Wyoming. Contact our Etna sexual assault lawyer to find out how our team can assist.
Liability in Sexual Abuse Cases in Wyoming
In these instances, the perpetrator is usually named in the lawsuit. However, you can include others who may have failed to prevent the assault. They can include:
- Churches and religious institutions: All of these institutions have a duty to protect their members. If their actions or inactions led to an assault, they can be held civilly liable.
- Employers: If a sexual assault occurred on a job site or a company-related event, then employers could be held responsible, especially if they failed to respond or take appropriate action.
- Schools and universities: Students, faculty members, and others should feel safe on these grounds. These institutions might be negligible if they fail to prevent an attack. If these institutions receive federal funding, there could be issues concerning Title XI.
If you would like to see who may be legally liable for a sexual assault incident, contact our Etna sexual assault lawyer today.
Title IX Sexual Assault Violations
Title IX addresses discrimination based on sex within educational institutions receiving federal funding. These protections apply to almost every academic institution in the United States, such as:
- Public and private elementary schools
- Middle and high schools
- School districts
- Colleges and universities
Under the law, these institutions must have mechanisms in place to address and resolve issues related to sexual harassment, misconduct, and assault. These protections cover students, faculty, administrators, employees, and anyone conducting business with or for the institution.
The types of prohibited behaviors under Title XI include:
- Sexual assault
- Rape
- Sexual misconduct
- Stalking
- Sexual coercion
- Discrimination against pregnant or parenting students
When a sexual assault occurs on campus, that is not only a criminal act but also a direct violation of Title IX. Educational institutions have a federally mandated duty to:
- Recognize instances of sexual assault and harassment
- Address these issues promptly and effectively
- Eliminate the hostile environment
- Develop a plan to prevent recurrence
For these institutions to be compliance, they must:
- Assign a Title IX coordinator: An individual must be designated as a compliance officer. Along with that, their contact information needs to be made readily available to all students and employees.
- Have complaint procedures: They must also establish, publish, and distribute procedures for filing complaints related to sex discrimination, harassment, or violence. This ensures that those affected are allowed a prompt and fair resolution when it comes to disciplinary action.
What happens when a school, university, or other institution fails to comply with these matters under Title XI? You have legal options. Contact our Etna sexual assault lawyer to learn more about your next steps.
Legal Options for Your Etna Sexual Assault Case
Unfortunately, sexual assault occurs every 68 seconds in the United States, per the Rape, Abuse & Incest National Network. You can take legal action against these responsible parties depending on the circumstances.
In some cases, you will need to show that the person or institution failed in their duty of care to protect your harm. When they breached that duty, it led to a sexual assault. With that, your legal team needs to establish a direct link between the assault and the emotional, physical, or financial damages that you suffered. In the end, you must have sustained some suffering from the attack, whether it is economic or noneconomic.
In these cases, you may be able to collect compensation for:
- Medical expenses
- Therapy costs
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or loss of consortium
On occasion, you might even be awarded punitive damages, especially if the perpetrator’s conduct was egregious. However, these cases are rare and usually not awarded with every case.
Learn More About Your Sexual Assault Legal Options
Sexual assault is a difficult subject. You have the option to pursue a civil lawsuit. Whether a school institution failed to protect you or not, you will want to talk to our Etna sexual assault lawyer.
Contact Edwards Law Office, P.C., to schedule a consultation with our experienced attorneys today.