Sexual Assault and Rape at Apartment Complexes

After suffering a sexual assault or rape, it is important to get medical care right away, including a rape kit if appropriate. You should not take a shower but should go to the hospital promptly in order to preserve evidence. Although you may feel violated and humiliated, you should secure medical evidence of what happened to you, if at all possible. The evidence may be used in both criminal and civil proceedings.

Criminal charges of sexual assault and rape must be proven beyond a reasonable doubt to secure a conviction. In many cases, this high standard may not be met, and even when it is met, the victim may not be able to obtain sufficient restitution from the defendant for their harm. A civil lawsuit for damages is separate and has a lower standard of proof. In most cases, a rapist or assailant does not have the assets to cover the damages suffered by the victim. However, you may be able to hold the apartment complex owner responsible for any security failures that caused or resulted in the attack.

An apartment building owner generally owes its tenants a legal duty to protect them against foreseeable rapes and sexual assaults by third parties. When an apartment owner does not meet this duty, and a rape or sexual assault occurs, it may be held liable. Different states have different rules regarding the responsibilities of landlords to tenants. The Tennessee Supreme Court, for example, has found that there is a special relationship between landlords and their tenants that requires landlords to take reasonable steps to protect tenants from a foreseeable risk of criminal attacks.

Issues that may be important in this type of case include whether there have been prior sexual assaults on the premises, whether suspicious people have been on the property, how safe the neighborhood is, which security measures were in place (if any), whether strangers were permitted to enter the building, whether there were any safety policies in place, whether the locks worked, whether there was appropriate lighting in an apartment parking garage, and whether there were surveillance videos. If the rape was committed by a fellow tenant, an attorney may look into whether the landlord conducted a background check on the tenant and knew of a prior criminal history.

Damages after a sexual assault and rape may include medical costs, therapy costs, the costs of medications necessary to treat depression and PTSD, loss of enjoyment of life, pain and suffering, mental anguish, and loss of consortium, among other examples.