Category: Rape

Were you injured or a crime victim on someone else’s property?

an example of an invitee

If you slip and fall or a rape victim on someone else’s property, the reason why you are on the property matters. Whether you can recover for your injuries often turns on your relationship with the property owner. The law has fancy words to describe the different types of relationships, which we cover below.

The first type of relationship, that of a trespasser, is easy to understand. A trespasser is someone who goes onto someone else’s property without invitation or permission. An example is if someone breaks into your house. If the trespasser gets hurt, you are responsible only if you intentionally tried to hurt the trespasser. This becomes relevant in a landlord-tenant situation. If a lease does not identify a tenant, arguably the tenant is a trespasser and will have a tough claim against the landlord. However, this can be overcome if the landlord knew the tenant was living on the property but took no action.

The next step up is a licensee. This is a person invited onto the property as a social guest but who does not provide a benefit to the owner. A licensee is on the property only for his own convenience. O.C.G.A. § 51-3-2. So, if you invite a friend to your house, your friend is an invitee. If a licensee is injured, the property owner must exercise reasonable care to prevent injury.

Finally, there is what is known as an invitee. An invitee is a person who is invited and provides benefit to the owner. An example is if you go to Publix to buy groceries. You have been invited by the Publix onto the property and are benefiting Publix by buying groceries. With regard to an invitee, a property owner must exercise ordinary care to keep the property safe. This is a higher standard than a licensee. And requires the owner to inspect its property to make sure it is safe for its customers.

If you are injured or are a crime victim on someone else’s property, please call us. Our number is (404) 382-9991.

Georgia Crime Victims Assistance

If you are a crime victim, in addition to suing the person who committed the crime, Georgia offers up to $25,000 in crime victim assistance. This compensation program covers such things as medical bills, funeral expenses, mental health counseling, and loss of income or support. This is a significant program. For example, in 2018, Georgia awarded almost $20 million to 14,246 crime victims in Georgia’s 159 counties.

The Georgia legislature explained the basis for program:

. . . many innocent persons suffer personal physical injury, serious mental or emotional trauma, severe financial hardship, or death as a result of criminal acts or attempted criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crimes. Accordingly, it is the General Assembly’s intent that under certain circumstances, aid, care, and assistance be provided by the state for such victims of crimes. O.C.G.A. § 17-15-1.

To get compensation, you must file an application with the Georgia Crime Victims Compensation Program. To qualify, you must be physically injured or witness a violent crime OR suffer serious mental trauma as a result of being threatened or present during a violent crime OR trying to help a crime victim OR you are a parent of someone killed or injured as a result of violent crime OR depended on someone for financial support who was killed during a violent crime OR having been paying bills related to the crime.

The most common crimes eligible for compensation are child molestation, rape, domestic violence, homicide, hit-and-run, serious injury by vehicle, DUI crashes, assault/battery, and robbery.

Please be aware that you must meet some initial guidelines: you must have reported the crime within 72 hours and must file an applications with the Georgia Crime Victims Compensation Program within three years of the crime. These are the general rules but there are exceptions for minors and unusual circumstances.

If you qualify, you will be entitled to recover to $25,000 per victim per incident. The $25,000 includes medical expenses up to $15,000, funeral expenses up to $6,000, counseling expenses up to $3,000, lost wages expenses up to $10,000, and loss of support expenses up to $10,000.

If you are the victim of a crime, please contact Gomez & Golomb 404-382-9994. We offer a free consultation to review and explain your options to get compensated for your injuries.

Rape Victim Attorneys

“You save yourself or you remain unsaved.”― Alice Sebold

Unfortunately, rape is all too prevalent in our society. On average, there are there are 433,648 victims (age 12 or older) of rape and sexual assault each year in the United States. That means, every 73 seconds, an American woman is sexually assaulted.

If God forbid, you are a victim of rape and reading this, please (1) contact the police, (2) go to the emergency room, and (3) strongly consider contacting RAINN (Rape, Abuse & Incest National Network), which is the nation’s largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline. 800.656.HOPE (4673).

Following a rape, victims face financial difficulties caused by medical bills, including emergency and follow-up care. Even worse, the trauma of and following the rape causes victims to experience depression, low-self-esteem, and struggles with family and at work.

Should you contact a lawyer? For many victims, contacting a lawyer and holding the responsible parties to account is part of the recovery process. A rape victim potentially has claims against attacker or rapist and against any business, school, or organization who made the rape possible. For example, if you live in an apartment complex, which failed to secure the property, you are entitled to recover from the owner and management of the apartment complex. Or, if at work, your employer failed to screen a co-worker who had a criminal history, you would have a claim against your employer.

If you have been a rape victim in Georgia, we are deeply sorry. Please call us at 404-382-9994 to discuss your legal options to hold those responsible accountable.  

Rape and Assault Cases in Georgia

Criminal Attacks are Happening More Frequently and Many Perpetrators Are Not Prosecuted or Go to Jail

In 2011, U.S. residents age 12 or older experienced an estimated 5.8 million violent criminal attacks, according to a report released by the Justice Department’s Bureau of Justice Statistics. These estimates are based on data from the annual National Crime Victimization Survey. Even worse, many of these criminals committing rape and assault do not go to jail. In fact, out of 1,000 sexual assaults, 975 perpetrators will walk free. And out of 1000 assault and battery crimes, 959 will never be charged with a felony. 

Criminal Attacks are Preventable

Rape and assault attacks often occur at apartment complexes, restaurants, hotels, and other businesses. These businesses, which invite you onto their property and profit accordingly, have a legal responsibility to provide a safe environment for their customers. And a responsibility to prevent crimes that are predictable. 

Inadequate Security

Many crimes result from business owners providing inadequate security for their customers. In these situations, a crime victim has a civil claim for damages against the business.

To establish liability in Georgia for inadequate security against a business, an injured party must show that the business owner has breached a duty “to exercise ordinary care in keeping the premises and approaches safe.”

Concerning criminal attacks, the business owner’s duty extends only to foreseeable criminal acts. In Sturbridge Partners v. Walker, 267 Ga. 785 (1997), the Supreme Court of Georgia “laid to rest the artificial notion that a crime against a person could never be foreseen by previous crimes against property” and, instead, provided more flexible guidelines for determining whether a crime is foreseeable. A crime is foreseeable if there have been similar prior crimes and the business owner has failed to act to prevent such crimes. 

Prior Criminal Attacks

To determine whether previous criminal acts are similar, the court must inquire into the location, nature, and extent of the prior criminal activities. While the prior criminal activity must be substantially similar to the particular crime in question, that does not mean identical. What is required is that the prior crime is sufficient to attract the business owner’s attention to crime. 

For example, are two previous burglaries enough to create the foreseeability of a rape at an apartment complex? Sturbridge concluded that the previous burglaries did create foreseeability because, although the burglaries “were committed when the apartments were vacant, it was reasonable to anticipate that an unauthorized entry might occur while an apartment was occupied and personal harm to a tenant could result.”

Rape and Assault Resources

If you are the victim of rape or assault, you are not alone. Here are some links to organizations that will help you free of cost. This is not something you want to go through without help–so please call!!!

http://www.safehorizon.org/index.php

http://www.summitadvocates.org/

http://www.callforhelpinc.org/

http://www.victimsofcrime.org/home

Georgia Crime Victims Compensation: See post.

Call Us!

In rape and assault cases in Atlanta and Georgia, it is critical to obtain records from all prior crimes that occurred where the crime occurred. At Gomez & Golomb LLC, we have been handling these cases for over 20 years. Please call 404-382-9994 to speak with an attorney.