Hotel Rape and Sexual Assault Lawyers

Our personal injury lawyers are regularly called upon by national news programs and shows to provide expert opinions regarding sexual assault, the “hidden epidemic” of hotel rape and sexual assault at a hotel, and countless other personal injuries. In fact, our founder, Charles Lipcon, was responsible for handling numerous landmark maritime and personal injury cases that shape how the U.S. handles hotel sexual assault lawsuits. With decades of experience handling rape and sexual abuse claims not only in hotels, but at resorts and on cruise lines, we are uniquely suited to handle the complex and sensitive issues surrounding hotel sexual assault cases.

Whether you were staying at an international hotel or resort or were sexually assaulted or raped at a hotel anywhere in the United States, our law firm is here to help you get through these trying times and navigate the complexities of the criminal justice system. Sexual assault victims can rely on us to protect their rights, identity, and handle sensitive information discreetly every step of the way. Read on to learn more about how hotel sexual assault claims work, and how you can hold not only your abuser, but those responsible for facilitating the abuse, accountable for their sexual violence. Contact our team as soon as possible to schedule your free consultation so we can begin working on your hotel sexual assault lawsuit.

Economic Damages

Economic damages are the impacts of a hotel sexual assault that have measurable dollar values. These include the cost of medical bills, lost income, property damage, and any other costs including mental health expenses or the cost of services meant to support a victim as they work to recover from a sexual assault and the physical injuries they may have suffered. Simply stated, economic damages are those which can be rather easily calculated.

Non-Economic Damages

Conversely, non-economic damages are those that cannot be easily calculated. Instead these types of damages are left up to the jury (or judge or arbitrator) to determine the amount. As such, broadly speaking, non-economic damages are more complicated than economic damages, because these compensatory damages identify and calculate dollar values for impacts of non-consensual sexual activity that have no set dollar value. In a civil lawsuit, non-economic damages typically include things like the pain and suffering that a victim endures as a result of their experience, as well as short-term and long-term effects. These include suffering emotional distress, loss of happiness, PTSD, anxiety, depression, and other mental issues.

In addition, non-economic damages may include issues like a victim’s decrease in their quality of life, loss of enjoyment, and other impacts of sexual assault crimes.

Punitive Damages

These damages are awarded as a way to punish the defendant for their conduct in order to deter them and others from acting similarly in the future.

Punitive damages are rare in civil or sexual assault cases, and are only awarded by a judge or jury as an award at the end of a trial — and only in instances whether the defendant, whether a hotel operator, property owners, assailant, or other liable party, acted in an egregious or reckless manner where compensatory damages alone do not adequately address the wrongdoings.

Collecting Evidence

Physical evidence is very important in cases involving unwanted sexual contact, including DNA, clothing, personal items, and anything else that can help establish a perpetrator’s identity and guilt. Eyewitness accounts and surveillance footage from the hotel premises are also important evidence that can help establish key facts in the case.

Medical reports can also often prove to be central evidence in a hotel sexual assault case, and can establish facts like the extent of the victim’s injuries, treatment received, and the damage suffered. Your lawyer will also review the police report as they build your sexual assault case.

If there is any digital evidence such as text messages, phone records, social media posts, or other electronic communications documenting where and how the abuse occurred, these can all be powerful forms of evidence, as well.

Tactics for Maximizing Success

Skilled hotel sexual assault lawyers will have a range of tactics at their disposal that can help them maximize their chances of success while pursing a case stemming from sexual harassment, hotel sexual abuse, or sexual assault in a hotel, resort, or motel.

They will draft strong legal pleadings that establish the facts of the case and present the most compelling arguments. If the case goes to trial, your attorney will depose witnesses during the discovery phase in order to gather additional information. They will also request documents including things like past reports or incidents of sexual harassment or assault in the hotel, as well as documents relating to the hotel sexual assault prevention protocols.

Building a strong case will require your attorney to use all of the strategies and tactics available to them as they work to ensure that the perpetrators and liable parties are held accountable for their actions (or inactions).

Successfully Handled Hotel Rape Cases

Hiring Lipcon, Margulies & Winkleman, P.A. is the clear decision when it comes to working with a law firm that is experienced, aggressive, and confident enough to take your case as far as it needs to go. We are here to fight for your rights and will keep fighting the hidden epidemic of hotel rape and sexual assault until the case is resolved.

Our law firm has a diverse background of education and representation with experience allowing them to effectively assist clients who have found themselves in terrible circumstances involving hotels and resorts. We have recovered more than $500 Million dollars for our clients, which include many victims of sexual assault.

What is a hotel “panic button”?

A hotel panic button is a button that hotel employees can utilize when they find themselves in an uncomfortable, risky, or unsafe situation at work. When they push the panic button, hotel security staff will be alerted, who can then contact law enforcement officials should they deem it necessary.

Some cities and states have ordinances in place that require hotels to provide employees with panic buttons if they work in more private areas of the hotel. The hope is that implementing these panic buttons will decrease the number of sexual assaults and misconduct by hotel staff and other hotel guests.

How do hotels prevent sexual assault?

Hotels have an obligation to take steps to prevent sexual assault on their premises. Failure to do so leaves hotel staff and the hotel itself open to potential liability when guests or employees are sexually assaulted or raped on the property. For this reason, many hotels have taken the necessary precautions to prevent instances of sexual assault. Some of the more common preventative measures include:

• Taking steps to install panic buttons throughout potentially dangerous areas throughout the hotel or providing hotel employees and hotel rooms with panic buttons to push if they feel unsafe at any time
• Requiring hotel management to be encouraging of employees who are assaulted or raped at work and want to report their assault to hotel Human Resources or police
• Requiring hotel employees to participate in on-the-job training to educate and inform about workplace sexual violence
• Implementing rules and regulations that prohibit hotel staff from being alone with hotel guests at any time, for any reason
• Ensure employees are trained in how to handle dangerous or unsafe situations, how to report the incidents, and which officials should be notified, including law enforcement and hotel administrators
• Requiring that hotel staff participate in on-the-job training that helps them recognize signs of sexual assault, misconduct, violence, and rape in hotels

Some common signs that a hotel may not be taking these necessary precautions against rape and sexual assault include:

• Indication of prostitution at the hotel
• Large groups of guests congregating in parking lots or hotel lobbies
• Hotel staff failure to validate the identity of guests checking in to the hotel
• The hotel’s failure to hire security or implement security measures, including surveillance cameras both inside the hotel and surrounding it

How common are sexual assaults in hotels?

Sexual assault can come in many forms. In addition to rape, hotel employees and guests may fall victim to unwanted sexual acts like touching, forcible sodomy, attempted rape, date rape, and threats of sexual assault or violence. In some of the worst situations, children have been sexually assaulted by hotel staff or guests.

According to the Harvard Business Review, as much as 70% of men and 90% of women working in the hospitality industry have been victims of sexual harassment or assault in the workplace. The National Crime Victimization Survey indicates that approximately 0.3% of violent crimes occur at hotels, with nearly 8,000 sexual assaults occurring annually.

Remember, this only includes the number of reported assaults. There are countless incidents of hotel rape and assault that go unreported.

What Is Considered Assault, Abuse, Harassment, or Rape?

The hidden epidemic of sexual assault, sexual abuse, harassment, and rape are all forms of sexual violence or misconduct, but each is distinct. Yet even though they are all distinct legal concepts, they essentially boil down to an unwanted sexual touching or threat of sexual touching.

Assault refers to any behavior that either threatens, attempts, or causes physical harm to another person. Sexual assault includes any violation of a person’s bodily autonomy, including grabbing or groping without the other person’s consent. The term sexual battery is often used interchangeably with a sexual assault.

Abuse is an ongoing sexual behavior that violates another person’s boundaries and causes emotional, mental, and/pr physical distress stemming from sexual acts.

Harassment targets someone with unwanted attention including unwanted sexual advances, requests for sex, offensive sexual comments, or other behavior that creates a sexually-hostile environment.

Rape is sexual assault that typically involves penetration, including oral sex, without consent.

How can I Tell if the Hotel is Secure?

Unfortunately there is no surefire way to determine whether or not a hotel, resort, or motel is secure, but there are a few things you can do to get a better idea of what to expect:

• Check online reviews to get an idea of the establishment’s reputation for security and safety.
• Look for security features on the premises, including working CCTV, security personnel, and key cards to elevators or rooms.
• Consider your own interaction with lobby staff as you checked in. Did they require ID to issue a keycard?
• Check your room features including deadbolts that aren’t connected to keycards, security peepholes, safes, and card-operated door locks.
• Inquire about safety programs like shuttle services, escorts to and from rooms, or safety-specific staff.
• If you are traveling internationally, you should check the US State Department for any travel advisories regarding your destination. If there are dangers in the country you are going to, that most likely increases the threat of violence while at a hotel or resort there.

By following these guidelines you can give yourself a better idea of the hotel or motel security, but sadly these will not guarantee that you will avoid a sexual assault case. If you have concerns, it’s best to book another accommodation where you feel safe and secure.

What Is a Hotel Sexual Assault Lawyer?

A hotel sexual assault attorney is a personal injury attorney who specializes in representing victims of the hidden epidemic of sexual assault and seeks civil damages for their client. A personal injury attorney typically works on a contingency fee basis, meaning that the victim will not need to pay out of pocket for any legal services, and will only pay if their attorney wins. Generally speaking the fees charged by contingency fee personal injury attorneys range from 1/3 of the amount up to 40%.

Why Should I Hire a Hotel Sexual Assault Lawyer?

Trying to handle any civil case alone is a difficult and overwhelming process, and this may be especially true when dealing with a hotel rape case. The process is not a simple one, and victims may need to relive their traumatic experience as the defendant and their legal team try to pin blame on a victim in order to avoid paying the true damages in the case.

Hotel sexual assault lawyers will handle the entire process while the victim and their loved ones can focus on moving forward from this difficult experience, helping alleviate added stress while improving the chance of a successful outcome.

What Is Hotel Negligence?

Hotel negligence can come in many forms, but put simply, refers to a hotel’s failure to uphold its duty of reasonable care to guests in a way that results in an injury, property damage, or, in this case, a sexual assault. The negligence may stem from a failure to maintain a safe premises, a failure to implement adequate security measures, or a failure to properly train staff to identify and prevent sexual assaults. With the prevalence of sexual assault and rape at hotels and resorts, hotel negligence could also include a failure to take action against this hidden epidemic. This is particularly true if hotels have a history of rape, unanswered sexual assault complaints, and other potential violations of premises liability laws.

What Is Negligent Security and How Is it Determined?

Negligent security is when a hotel fails to provide reasonably adequate security for patrons which, in this case, results in a sexual assault. This can include things like failure to provide adequate lighting, secure access points, properly trained staff, and functioning locks on hotel room doors.

Determining negligence requires proving that the hotel had a duty of care — a legal obligation to provide reasonable security — which they failed to uphold. It must then be shown that this failure caused or contributed to the sexual assault, and that the victim suffered actual damages as a result of the negligence. Negligence is ultimately determined by the judge or jury in the case.

How Long Do I Have to File a Sexual Assault Claim?

Depending on where your sexual assault took place, you will have a set period of time known as a Statute of Limitations in order to file a sexual assault claim. In Florida, victims of hotel sexual assault have two years from the date of the hotel sexual assault to take civil action, after which time they will have limited options. However, if the victim is under the age of 18 then there may be a longer period of time that begins once the victim turns 18.

Will My Personal Injury Case Go to Trial?

There is no easy way to determine whether or not your case will go to trial, especially in the early stages of working with an attorney. There are instances, such as when a hotel sexual assault lawyer strongly believes their client is a candidate for punitive damages, that they may push for a trial, but a majority of civil cases are settled before trial — and many are settled before a lawsuit is even filed.

Contact our law firm to speak with an attorney about your situation to get a better sense of how this question may be answered over time.