For some people, shopping for clothes is a fun hobby, while it’s a basic necessity of life for others. No matter which one of these camps a shopper falls into, there’s one thing we all have to do: try on the clothes to make sure they fit. Fitting rooms allow us to do that in privacy, and they come in many forms. Some of them have doors that can be locked; others have partitions or curtains. The point is to shield the customer from public view as they undress and try on the items they’re interested in.
But what it this basic right to privacy is violated in the form of sexual assault? It’s not something anyone expects to go through when they’re browsing at a store. Sadly, there are individuals who will see store fitting rooms as an opportunity to corner a person and make them submit to a sexual attack. If you have been sexually abused while trying on clothes in a fitting room, please know that there are legal actions you can take against your attacker. In addition, you may be able to sue the store in a lawsuit for monetary compensation. However, you must speak to a lawyer right away to learn about these options and take the needed steps to build a strong case. To speak with an attorney experienced in retail sexual assault cases, contact Normandie Law Firm and schedule a free consultation.
Forms of Sexual Assault
Essentially, sexual assault is any form of unwanted sexual contact, or conduct that forces someone to engage in a sexual act. Sexual assault can take place in the form of:
- Rape
- Attempted rape
- Unwanted groping, kissing, fondling
- Vaginal or anal penetration with an object
- Physical assault for the purpose of sexual gratification
- Exposing one’s genitals / masturbating in front of someone
- Forcing someone to engage in sexual conduct
- Forcing someone to look at porn or other sexually explicit material
The most important element in any of these acts is the lack of consent. In the legal sense, consent is an agreement between two parties to participate in sexual activity. However, consent cannot be given by intoxicated, unconscious / asleep, or underage individuals. Additionally, consent can be withdrawn at any time, meaning even if you are in the middle of a sexual act, you can change your mind and ask the other person to stop. If the other person continues against you will, that is a form of sexual assault.
Frankly, the meaning of sexual violence is complicated, and many victims are confused as to whether they were sexually assaulted. Our lawyers are here to advise you on this issue, as well as your legal options to demand compensation for your physical and emotional suffering.
Causes of Sexual Assault in Store Fitting Rooms
It’s shocking to hear of someone being assaulted in a store fitting room, but these spaces are ideal locations for sexual violence. Many dressing rooms are at the back of the store and obstructed from public view. If the victim is threatened and doesn’t make any noise, no one would be aware that a sexual assault was taking place. But how does a perpetrator enter a dressing room for the purpose of harming someone?
In most cases, these attacks can be traced to a lack of or improper security measures. For example, fitting rooms are supposed to be managed by an employee, who engages in tasks like giving you a ticket, counting the number of items you have, and making sure you exit with the same number of items. When there is no one monitoring the fitting area, an attacker can sneak in and commit an act of sexual violence.
Aside from human intervention, there are safety precautions that must be in place at all times. Take surveillance cameras, for example. Of course, these cannot be placed directly in the dressing rooms. But they can still be installed where they would catch whoever is going in and out of the rooms. The perpetrator is less likely to take the chance of assaulting someone when they see these cameras aimed at the fitting area. Bright lighting is another important measure of security, especially in large fitting areas with many rooms. Fitting rooms in the back of these areas are especially prone to sexual assault incidents when they are dimly lit.
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Liability of the Store in a Fitting Room Sexual Assault
You may be wondering why we’re so focused on the ways a victim can be sexually assaulted in a store dressing room. This is because of a legal standard known as “liability.” As we mentioned, you may be entitled to monetary and emotional damages in a lawsuit against the store. In order to do that, you would need to establish that the store was responsible, i.e., liable, for your incident of sexual assault. This can be done by proving the following factors:
- You were invited on to the premises, or had a legitimate reason to be there.
- As a valid guest or visitor, the store owed you a duty of care to keep you safe while you were on the premises.
- The store failed in their duty of care to you through an act of negligence.
- This act of negligence led to you being physically and/or mentally harmed.
- The damages you suffered as a result qualify for monetary compensation.
Let’s examine these points in the context of a dressing room sexual assault. As a customer, you had a legitimate reason to be in the store. While you were in the store, the employees and management had a duty of care to ensure your safety. By not taking proper safety measures, the store was negligent in their duty of care to you and you were sexually assaulted as a result. Thus, you are eligible to sue the store for damages, which we will go over in a later section.
The above scenario is fairly straight-forward, but some cases are more complex than others. Additionally, the laws governing premises liability can difficult for victims to understand. To protect your rights and ensure a successful outcome in your case, please give us a call and speak to one of our attorneys.
Injuries Associated with Sexual Assault
Sexual assault victims suffer from a wide range of physical and emotional injuries, which can result in various losses. Even if the physical injuries are minor, victims are terrified by the possibilities of STDs, pregnancy, and being attacked again. Anxiety over these issues can lead to mental health issues, including:
- PTSD
- Nightmares
- Insomnia
- Panic attacks
- Trust issues
- Paranoia
- Depression
- Mood swings
- Emotional withdrawal / isolation
- Anxiety disorder
Victims we’ve spoken with typically mention how the emotional injuries are worse than the physical ones. The emotional scars from a sexual assault may stay with them for life, and they will need on-going therapy to manage their pain. That’s why monetary compensation is so important if you were sexually assaulted inside a store fitting room. A lawsuit can pay for your medical treatments and ensure that you can continue to receive treatment long into the future.
Damages from a Fitting Room Sexual Assault Lawsuit
The damages you can collect in a fitting room sexual assault depend on the losses you have incurred as a result of your attack. This varies from person to person, but generally, these are the damages we recover on behalf of our clients:
- Hospital bills
- Cost of therapy for current and future treatments
- Emotional distress
- Lost wages / lost earning capacity
- Property damage
- Legal fees
- Punitive damages
As you can see, compensation can take many forms in a premises liability lawsuit. However, most victims are unaware of the full range of damages they’re entitled to. Our sexual assault attorneys can educate you on each of these damages and fight for every last penny you deserve from the responsible parties. To get started on a claim for sexual assault at a retail store, contact our office and schedule a free consultation.
The Sexual Abuse Lawsuit Attorneys of Normandie
Sexual assault is one of the worst violations anyone can experience. The violation goes far beyond the physical injuries, leaving the victim with life-long damage to their psyche. Thankfully, there are therapists, support groups, and other treatment options that can help victims heal. But the cost of these treatments can be prohibitive, especially if the victim needs time off from work or is unable to work due to the physical and emotional trauma of their attack.
As personal injury lawyers, we are privileged to have worked with many brave survivors throughout the years. While each client’s story is different, their main goal was to achieve justice and a sense of control over what has happened to them. That’s precisely what they achieved with a civil lawsuit, and we believe it can do the same for you. Keep in mind you are under no obligation to pursue a lawsuit or any other type of legal action. However, you should be informed of your rights and understand the legal options that are available to you. That’s why we invite you to come in and see us for a free consultation.
If you decide to pursue an injury claim, there is no upfront cost to you for any of our services. With our Zero fee guarantee, all our payments are deferred until your case is settled. And if we don’t win your case, you are not responsible for any of our fees, even if your case goes to trial.
Please know that you are not alone in the journey to recovery. The lawyers of Normandie are here for you, and will not rest until you are justly compensated for the harm you’ve suffered. For a free consultation, please give us a call at our office.