Sexual Assault Claims
As a prosecutor with the Philadelphia District Attorney’s Office, Anthony J. Baratta, Esquire, represented hundreds of victims of sexual assault and prosecuted their offenders. In civil practice, Anthony has continued to represent the victims of sexual assault to help them obtain monetary compensation for the tremendous harms and losses caused by these most personally devastating violations.
Proving damages in a sexual assault case is tricky. Often times there are no visible and/or lasting physical injuries. Instead, the victim of sexual assault suffers lifelong emotional trauma which affects her interpersonal relationships and perception of herself.
Additionally, the assailant typically has no assets or insurance coverage. Employers, property owners or other businesses entities which have a responsibility to supervise the conduct of the assailant or to maintain the property where the assault occurred, may be partially responsible for the assault.
Teachers and/or school personnel can be perpetrators of sexual assaults. The minor girls or women who are victims of these sexual assaults can hold the school or school district responsible in monetary damages if it can be proven that the school acted in deliberate indifference to the risk of a sexual assault.
In situations where an employee commits a sexual assault, the employer can be held responsible if the employer knew or should have known of the violent propensity of the employee and/or employment of that person creates a situation within which the victim may be harmed. Typically, sexual assaults by employees occur outside the scope of employment. The employer must exercise reasonable care to control the employee while acting outside the scope of employment if the employee is upon the premises of the employer or is using the property of the employer and the employer has the ability to control his servant in these circumstances.
If you or someone you love has been harmed as the result of carelessness by another, please consider Baratta, Russell & Baratta as your aggressive advocates and trusted advisors to guide you through this life changing injury.