Hotel Rape and Sexual Assault Lawyers

Our Compassionate and Nationally Recognized Sexual Assault and Hotel Rape Lawyers Will Help You Hold Your Abuser Accountable and Recover The Compensation You Deserve

Lipcon, Margulies & Winkelman, P.A. are one of the U.S.’s leading hotel sexual assault and hotel accident law firms. In business since 1971 and advocating for the rights of sexual assault victims for more than 50 years, our team have successfully recovered more than $300 million for our clients and handled more than 3,000 cases across our careers. Four of our personal injury lawyers have been named to “Best Lawyers” ® and our law firm has been selected as one of the “Best Law Firms” ® in America by US News & World Report every year for nearly a decade. Our 14 attorneys have more than 200 years of combined experience and are strategically located at 8 office locations across the nation. This makes it possible for you to access our legal guidance and support no matter where you are in the U.S.

Our personal injury lawyers are regularly called upon by national news programs and shows to provide expert opinions regarding maritime accidents, 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 these lawsuits. With decades of experience handling rape and sexual assaults 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 demand justice. You can rely on us to protect your reputation, identity, and handle sensitive information discreetly every step of the way. Read on to learn more about how the sexual assault and hotel rape claims process works, 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 insurance claims and personal injury lawsuits.

Is Your Hotel As Safe As You Think?

Staying at a hotel should be a comforting, safe, and relaxing experience. Many people expect hotels to provide adequate security measures,, safety, and shelter while vacationing, traveling for work, or just treating themselves for a weekend getaway. The last thing you want to think about while staying at a hotel is your safety and the safety of the ones you love. Every hotel or resort has a legal duty to take reasonable security measures to minimize or reduce the risk of hotel sexual assault, a “hidden epidemic” impacting resort, hotel, and cruise ship guests across the world.

Unfortunately, this standard of reasonable care is not always met. We have handled many cases that involved inadequate security, cameras that were either not functioning or non-existent, improper room key storage and access, and other issues of negligent security that led directly to a preventable sex crime being committed. In recent years, sexual assault cases have increased in the hospitality industry for both hotel guests and hotel employees. Working with experienced hotel sexual abuse lawyers is an important step to take if you or a loved one has been sexually assaulted, especially where property owners failed to take reasonable security measures to protect guests from harm.

What To Do If You Are A Victim Of Rape Or Sexual Assault At A Hotel

Report the Incident to Local Authorities
Becoming a victim of rape or sexual assault taken place at a hotel or resort is a horrific and traumatic experience. Speaking about the incident can be difficult and uncomfortable, but it is important you report the incident as soon as possible. If you are a victim, you should notify the hotel or hotel security, but you must also notify local authorities. This is because there are times when the hotel security is more interested in protecting the company than it is in protecting your rights. Accordingly, it is crucial for your legal case that you have notified the necessary parties including local law enforcement, as soon as possible.
Document Evidence
This may be challenging right after experiencing something life changing, but this is a key element for your case. Photograph the scene of crime and take notes about the incidents that occurred before and after the sexual assault.
If possible, seek medical attention soon after. The medical examiner will document any signs of physical harm.
Contact an experienced lawyer
When facing a legal burden related to rape and sexual assault, it is important to have a skilled sexual assault lawyer on your side. Many individuals do not realize that the perpetrators of sex related crimes can be held responsible for their actions. That is why we are here, to help provide closure for victims and hopefully prevent more of the same incidents from happening in the future.

The Types of Civil Damages Awarded in Sex Crime Lawsuits

When pursuing a civil case against a perpetrator or other at-fault party such as hotel owners, victims can seek a wide range of damages that hotel sexual abuse attorneys can identify, calculate, and then argue for on your behalf.

Civil damages in a personal injury claim are divided into several different categories which will be explained in detail below:

Economic Damages

Economic damages are the impacts of a hotel sexual assault that have measurable dollar values. These include the cost of medical expenses, 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 emotional effects such as 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.

Building a Strong Case: Strategies, Evidence, and Legal Tactics

You have a right to hold the liable parties responsible for your suffering, and building a strong case is critical if you or a loved one is the victim of sexual misconduct. Your hotel sexual assault lawyer will handle this process for you, and will use a range of approaches. The following section will review just a few of these key strategies and tactics designed to recover the maximum compensation for you.

Conducting Thorough Investigations

Your attorney knows that a thorough investigation is the foundation of any strong case. They will interview potential witnesses, including hotel staff members, guests, and eyewitnesses, and will examine hotel records including surveillance footage, employee training manuals, and incident reports stemming from your case.

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, 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).

Settlements and Compensation: Negotiating a Fair Resolution

Once your attorney has built the foundation of your case, they will need to present the damages they have calculated. Some cases go all the way through trial, but many cases also resolve or settle prior to trial. In our experience, many defendants prefer settlement because of the sensitive nature of the allegations and thus there is a desire to keep the matter out of the press. When settlement is pursued, you can expect a series of negotiations between your attorney and the at-fault party to come up with a fair settlement value to resolve your case.

Negotiations can be difficult to entertain as victims of rape, sexual harassment, or other sexual abuse are often quickly overwhelmed. Your attorney will be able to handle this entire process on your behalf so you can avoid the added stress, and instead you can focus on moving forward from the unwanted sexual contact you endured and getting your life back on track. Having said that, it is critically important to understand that the rape victim is the only one with the authority to actually resolve the case. Your attorney will give you his/her advice and recommendation about what constitutes a fair settlement, but it is always the client who makes the ultimate decision(s) regarding settlement.

If your attorney is able to reach a fair resolution, then you may not even need to file a lawsuit; however, if negotiations prove unsatisfactory then the next step may be to prepare for trial.

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 $300 million dollars for our clients, which include many victims of sexual assault.

These are some examples of cases we have successfully handled or are currently handling:

Two female employees of a Caribbean resort were sexually assaulted by an intruder on the premises which was not properly secured.
Two female guests at a resort in Jamaica were raped at gunpoint by an employee of the resort.
A 15-year-old girl was raped at a resort in the Bahamas by an assailant who should not have been allowed on the premises.

The attorneys at Lipcon, Margulies & Winkleman, P.A., have a diverse background of education and representation with experience allowing us to effectively assist clients who have found themselves in terrible circumstances involving hotels and resorts. We have recovered more than $300 million dollars for our clients, which include many victims of sexual assault.

Tips to Prevent Sexual Assault in Hotels

Here are a few basic hotel safety precautions to keep in mind:

Don’t publicize and keep your room number to yourself at all times. No one should know your room number but yourself and those staying in the room. If possible, have the front desk employee write down your room number rather than announcing it aloud.
Inspect the room when you first enter. Scope out the room including the bathroom, closet, and behind the curtains.
Always lock doors and windows. You should always make sure your door lock is functioning properly and lock it from the inside. Use the deadbolt if one is provided. Lock your windows at night if your room is near a street or if you have a balcony view.
Keep unwanted visitors away. Never open the door unless you know the person behind it and their purpose in visiting your room, including a hotel employee.
Look for the nearest exit. In case of an emergency, you’ll know where to go and make sure to memorize it as best as possible.
Use the main entrance. When entering and exiting the hotel, try to use the main entrance as much as possible, as this is typically the busiest area of a hotel. Avoid solitary situations. If it makes you feel more comfortable, call the front desk and ask for an employee to accompany you to and from your car.

Hotel Rape FAQs

After you’ve been violently attacked and raped in a hotel, you may be left with a million questions running through your mind all at once. We have seen firsthand how traumatizing it can be for victims of sexual assault to attempt to recount the attack and provide the details needed to prove liability and negligence. In our years working with survivors like you, we have come to recognize some of the most common questions you might have regarding hotel rapes and your opportunities for justice.

With this in mind, we have answered some of the most frequently asked questions below surrounding rapes in hotels. If you have additional questions we did not answer here, please do not hesitate to contact our office to discuss your concerns in further detail.

Are there questions I should ask the hotel to ensure my safety?

Before checking into a hotel in the future, you may be wondering if there are certain questions you can ask to proactively take steps to protect yourself as much as possible. Some of the top questions you might want to discuss with hotel staff or management include:

Do the rooms have any special security features? If so, what are they?
How does the hotel protect against people who may attempt to see into your room via peepholes?
What makes the hotel safer than, say, an Airbnb?
Do the windows in your room open and close?
Does your room have a deadbolt?
How does keyless entry work?
Are employers trained in what to look for from someone who should not be in the hotel hallways or lobby?
Does the hotel conduct background checks on their employees prior to hiring?
Does your hotel room have a panic button?

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
Lack of sufficient lighting inside hotel hallways, the hotel lobby, and outside of the hotel, including outdoor common areas
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 hotl 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.

How Does an Attorney Prove Hotel Negligence?

An attorney will use a number of methods in order to prove hotel negligence, including eyewitness accounts, interviews with staff, examining police reports and internal incident reports, and, of course, listening to your personal account of your experience.

From there, an experienced sexual assault attorney will factor all of these different accounts into their process and look to gather evidence that is compelling and supports these claims in order to seek full and fair compensation on behalf of their client.

Support and Resources for Survivors of Sex Crimes

Victims of sex crimes often face many challenges following their trauma, and will benefit from the many resources available to them as they work to heal. Here are just a few:

Medical Care

Seeking medical care immediately after a hotel sexual assault is important in order to gather evidence and begin treatment for any physical injuries, infections, or potential pregnancy.

Therapy

Talking with a professional who specializes in sexual trauma recovery can help victims process their experience and begin to move on with their life in a healthy way. They may also be able to refer victims to support groups where victims can connect with others who have gone through similar experiences.

Victim Advocacy Programs

Victims may find support through advocacy programs that can help them find therapy, emergency shelter, financial assistance, and more as they work to recover from their experiences with sexual violence.

Crisis Hotlines

The National Sexual Assault Hotline (800-656-HOPE) provides immediate help 24/7, and is staffed by trained professionals who are there to help.

The Role of a Hotel Sexual Assault Attorney

A sexual assault attorney plays an important role in the legal process following an assault. Primarily, they function as a guide through the complicated world of tort law, and will be able to handle every step of this process while their client is able to remain focused on healing and moving forward from their traumatic experience.

Insurers and defense attorneys are focused on settling cases against their clients as quickly and inexpensively as possible, and will often resort to aggressive tactics in order to achieve this goal — often at a victim’s financial and emotional expense. When an experienced attorney is handling the case, the impact on the victim is greatly reduced.

The team at Lipcon, Margulies & Winkleman, P.A. understands how difficult the aftermath of a sexual assault can be, and we are proud to take on these cases and fight for the compensation and justice that our clients truly deserve.

Our Top-Rated and Dedicated Hotel Rape and Hotel Sexual Assault Lawyers Can Make Your Abuser Pay

Lipcon, Margulies & Winkleman, P.A. are here to help you get through some of the most difficult times in your life. We have, for nearly a decade, been named as one of the “Best Law Firms” ® by US News & World Report, and have had four of our hotel sexual assault lawyers selected as “Best Lawyers” 2016-2024 ® in America. The trauma you experienced in your hotel rape or sexual assault should not go on answered. The liable party should be held accountable to the fullest extent of the law.

Our extensive experience in handling cases such as these makes us uniquely equipped to help you maximize your financial compensation and ensure the at-fault party is brought to justice. Fill out our online contact form or call our office at (877) 233-1238 to schedule a confidential and free consultation with one of our compassionate and empathetic attorneys.