There are two justice systems for victims of crime to explore. While the criminal justice system, as most people know, seeks to punish the perpetrator, the civil justice system provides victims with an avenue to hold other individuals and entities accountable for allowing these heinous acts to happen.
The dedicated efforts of local or federal law enforcement and prosecutors in the criminal justice system come into play to pursue and punish perpetrators. Though, in many cases, locating and prosecuting the perpetrator or sex-trafficker can be a challenge. However, the civil justice system offers another avenue to victims seeking redress because it is not always only the perpetrator or the trafficker who should be held accountable.
Consider if someone has been sexually assaulted at a hotel, an apartment complex, a mobile home park, or almost any other form of property. A property owner or operator (including management) can be held liable if they have been negligent in keeping their property safe.
In the state of Georgia, landlords have a legal responsibility to take reasonable measures to keep their premises safe for tenants, their guests, and others lawfully coming onto the property. While not insurers of an individual’s safety – there is a duty, in every case, for landlords, operators of businesses, and management to protect against foreseeable dangerous conditions on and in the immediate area of their property.
This principle extends to nursing homes, behavioral health facilities, schools, churches, medical facilities, and legitimate massage businesses. All can be held civilly accountable for safe premises but also for the employees they hire. For example, just this year we helped a client in a lawsuit when her daughter was sexually assaulted by another store employee, who had prior sex convictions.
Seeking justice through the civil system not only provides a means of redress for victims, but it also serves as a powerful incentive for landlords and business operators to not neglect their property or duties. Being able to hold entities accountable for their negligence or complicity in enabling sexual assaults and sex trafficking sends a clear message that they have a duty of care toward tenants and visitors. This duty of care can help prevent future incidents.
If you or someone you know has been a victim of sexual assault or sex trafficking, it is important to consult with legal professionals who specialize in civil lawsuits – like Isenberg & Hewitt – to explore your rights and potential courses of action. Remember, justice is not only a moral imperative, but a fundamental right for every individual.