Business establishments have duties to safety toward clients and employees. In the past years, however, hotels have shown growing notoriety for failing to protect guests and staff. In the State of Illinois, institutions, where sexual assault occurs, may be held accountable for various reasons if the incident happens within the premises.
Cases of Hotel Sexual Assault in the US
In September 2019, a man was arrested after sexually assaulting a 20-year-old hotel employee. The perpetrator was an unidentified 38-year-old suspected to be a relative of a guest. The victim was brought to the Elmhurst hospital for treatment.
In 2014, a woman was sexually assaulted after a man was given access to her room in a hotel in Iowa. In an interview, the victim recounted that Christopher Lapointe had entered her room at night after he had approached her at the bar. The victim also said that after leaving the bar for her room, her telephone rang and it was Lapointe. When she asked how he got her number, Lapointe replied with, “I have friends.”
The court documents revealed that the hotel front desk failed to ask for mandatory identification when Lapointe requested a key to the victim’s room. To make matters worse, the first time Lapointe tried to open the victim’s room, the latch was in place and he had called the maintenance to remove it.
Responsibility of Hotels in Preventing Sexual Assault
In July 2020, the Hotel and Casino Employee Safety Act took effect. It requires hotels and casinos to establish anti-sexual harassment policies and provide staff with a panic button in case an employee is being harassed or assaulted. The establishment is obligated to implement the above measures and train its employees in the use of the safety notification device.
Hotel owners, as well as other businesses and property owners, are required to install proper security in their premises. Cutting corners around security can result in grave outcomes and may hold owners liable. Among the safety measures hotels must consider are the following:
- Installing locks, security cameras, parking lot lights, and guards;
- Verifying the working condition of doors, windows, and locks;
- Ensuring that staff follows mandatory identification checking;
- Surveying surrounding area for criminal activity; and
- Implementing other measures to avert crime.
Preventive Measures for Employees against Hotel Sexual Assault
There are numerous ways hotel owners can prevent sexual assault against their employees or guests. Foremost is educating the staff about sexual abuse. This must be complemented with established anti-sexual assault and harassment policies. A safety notification device must also be provided following the Hotel and Casino Employee Safety Act. And, last but not least, promoting proper reporting of incidents and ensuring no retaliation against employees.
What to do if You Have Been Sexually Assaulted in a Hotel
While nobody wishes for this incident to happen, it’s best to be equipped with the proper knowledge to ensure you’re able to respond to emergencies. If you or anyone you know has been sexually assaulted in a hotel, you may do the following.
For guests:
- Go to a safe place.
- Contact someone you trust.
- Contact a rape crisis hotline in Illinois.
- Visit your local Emergency Department for possible injuries.
- Submit to a medical examination to collect evidence (also known as a rape kit).
- Contact the police to report the assault.
- Contact a lawyer and know your legal options.
For employees:
- Contact or go to the Human Resource Department, if applicable, and report the incident. Workplaces are required to have sexual harassment policies; or
- Contact the Illinois Department of Human Rights (IDHR) and report the incident. The IDHR is responsible for handling sexual harassment and discrimination in the workplace.
- Call a lawyer. If you have been sexually harassed or assaulted, know that you have the right to obtain a lawyer. A legal counsel will help you know your rights and determine if there are legal grounds to file for a lawsuit.
What Happens When I File a Lawsuit for Hotel Sexual Assault
You have the option to file for a criminal or civil suit. Filing a civil suit is relatively easier due to its lower standard of proof where you’ll only be required to prove that the perpetrator (or responsible institutions) had done the crime. It will entail economic and non-economic damages (monetary compensation) that may help cover the pain and suffering, loss of income, medical expenses, and other applicable expenditures.
Filing a criminal case, on the other hand, may entail jail time for the perpetrator or other negligent institutions but will require that the plaintiff prove that the perpetrator is guilty beyond a reasonable doubt. It may also result in fines but is limited to economic damages.
Whether you’re a guest or a staff, know that you’re entitled to explore your legal options following an assault or harassment while on the hotel’s premises. Our attorneys at America’s Consumer Lawyer are here to help you navigate your case, and provide a safe and understanding space for divulging intimate information.
We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at America’s Consumer Lawyer, we put people first.
Our unique formula has earned us over 1,050 outstanding client reviews on our website, an A+ BBB rating, and over 150 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.
