Sexual assault is a tragic, traumatic and devastating event for the victim and the victim’s family members. While an individual who commits sexual assault against another may be subject to criminal prosecution and punishment, the road to recovery for victims and family members does not stop with a guilty verdict.
Victims of sexual assault sustain serious physical and mental injuries. Victims of sexual assault are often left with bills for medical treatment, which includes psychiatric treatment and therapy. In the case of a child who has been sexually abused, the bills for medical treatment and therapy are often high. Victims and family members are left to pay these medical bills which they would not have if not for the wrongdoing of another.
For an individual who has been injured in an accident in an automobile, at home, or at a business, there is typically automobile, homeowner’s or commercial insurance to compensate those who have been injured as a result of the policy holder’s negligent conduct.
Sexual assault, like any assault, is an intentional act. Intentional acts are not accidents, and therefore not covered by insurance policies. The rationale is that the insurer could not have contemplated an intentional act, like an assault, and should not be required by law to compensate for injuries which result from such conduct.
However, homeowner’s insurance or commercial insurance could still provide coverage for sexual assault. In some cases, the insured has a duty to reasonably supervise the abuser. When the insured breaches that duty, and an individual is sexually assaulted or abused, there is an actionable claim for negligent supervision. Likewise, if the sexual assault happens at the hands of an employee, the employer could be held liable for negligent hiring.
We will work hard to fight for the victims of sexual assault, and to help in any way in your road to recovery. Please call 713-228-3030 if you need representation.