Who Can I Sue in a Maryland Sexual Abuse or Assault Case?

Being sexually abused or assaulted is one of the most traumatic experiences in life. Survivors of sexual abuse and assault are usually left dealing with physical, emotional, and financial repercussions. In Maryland, sexual assault or abuse occurs when a person intentionally engages in a sexual act with another person by force, threat of force, or without the other person’s consent. Sexual assault and abuse is a crime in Maryland. However, beyond pursuing criminal charges against a perpetrator, survivors in Maryland can also file a civil lawsuit to seek compensation. Civil lawsuits focus on compensating the survivor for damages such as medical expenses, lost wages, therapy costs, and pain and suffering. In a civil case, it is not only the perpetrator who can be held liable but third parties whose negligence contributed to the abuse or assault. Below, we discuss who you can sue in a Maryland sexual abuse or assault case.

The Perpetrator

The most obvious party to sue in a sexual assault or abuse case is the person who committed the act. However, some perpetrators may lack sufficient funds to compensate survivors fairly. To secure the compensation you deserve for the harm suffered, you may need to pursue a lawsuit against a third party.

Property Owners

Property owners, such as hotel owners, owe a duty of care to provide a reasonably safe environment for the people who access their premises. If a property owner failed to implement adequate security measures, such as employing security personnel or installing functioning locks, you may file a lawsuit against them under the state’s premises liability law.

The Perpetrator’s Employer

When employees commit sexual abuse or assault, their employers can be held liable. In Maryland, under the doctrine of “respondeat superior,” employers can be held legally responsible when an employee commits a wrongful act if such an act happens within the scope of the employee’s employment. For example, if a teacher sexually abuses or assaults a student, their employer may be held liable. Employers may also be held accountable for failing to provide employees with adequate training to prevent sexual abuse or assault and for negligent hiring, supervision, or retention.

Schools

Schools should exercise a heightened level of care. If a school failed to protect you from assault or abuse or was aware of the risk of assault or abuse but failed to take reasonable steps to prevent it, you can hold the institution accountable.

Religious Institutions

Churches and other religious institutions may be held liable for sexual assault or abuse if their negligence allowed the assault or abuse to occur. For example, a church could be held liable if it ignored complaints or warning signs of assault or abuse.

Burden of Proof in Maryland Civil Sexual Abuse or Assault Cases

In a Maryland civil sexual abuse or assault case, the burden of proof is on the plaintiff. Fortunately, civil cases are not like criminal cases, where the burden of proof is “beyond a reasonable doubt.” Civil cases require a lower burden of proof, known as “preponderance of the evidence.” This means that to win a Maryland civil sexual abuse or assault case, the claimant must prove that it’s more likely than not that the defendant is liable for the harm caused.

Contact a Towson Sexual Abuse Lawyer

If you’ve been a victim of sexual assault or abuse in Towson or Baltimore County, our skilled Towson sexual abuse lawyer can help you with your legal claim. Contact our office today by calling 410-494-7400 to schedule a consultation.

Source:

law.cornell.edu/wex/preponderance_of_the_evidence