What To Do If You Are Raped At Your Rehab Clinic
Every year, tens of thousands of New Yorkers go to rehab to quit their addictions and regain control over their lives. Data shows that over 60% of these people not only have serious substance abuse problems, but also have a co-occurring mental health problem.
Unfortunately, many rehab clinics fail to provide a safe environment for their patients, as a result of which instances of sexual abuse and assault are common at these facilities. In this post, we take a look at the most important steps you need to take if you are raped by someone at your rehab clinic.
Steps to Take after a Sexual Assault at a Rehab Clinic
- Preserve your clothes, undergarments, accessories, and other articles that might contain DNA evidence. Do not wash yourself or comb your hair. Avoid using the restroom if possible.
- If you have a friend or confidant you can trust, tell them what happened. They might not only be able to provide you the emotional support you need, but can also serve as a witness if needed.
- Get yourself to a medical facility that get a forensic exam done as soon as you possibly can.
- Report the incident to the rehab facility administrator and the police.
- Contact an experienced New York sexual abuse lawyer to find out what kind of action you can take against the perpetrator as well as other parties who might have enabled their actions.
Can the Rehab Facility Be Held Liable for What Happened to You?
There are two circumstances under which the rehab facility can be held liable for the actions of the person who sexually assaulted you.
If You are Sexually Assaulted by an Employee at the Facility
If the perpetrator is under the employment of the rehab facility, your lawyer can make the argument that the facility knew – or should have known – that the perpetrator posed a risk to the safety of the patients.
For example, if the perpetrator has been convicted of sexual or violent crimes in the past or if there have been complaints from other patients about the perpetrator’s behavior in the past, your lawyer can make the argument that the facility failed in its responsibility to provide a safe environment for its patients.
If You are Sexually Assaulted by a Patient
If the perpetrator happens to be a patient, the facility can be held responsible if your lawyer can prove that the facility failed to protect you against what can be considered foreseeable harm.
For example, if the patient in question has a documented history of violently or sexually attacking others, and if the facility did not take any steps to keep the patient away from others, the facility can be held liable for the patient’s actions.
Types of Damages You can Recover from the At-Fault Party
You can recover compensatory damages for:
- Medical expenses associated with your treatment
- Cost of physical rehabilitation and therapy
- Lost earnings
- Loss of earning capacity (if your ability to work and earn a living has been affected as a result of the assault)
- Pain and suffering
- Mental anguish
In addition to this, you might also be able to recover punitive damages – depending on the severity of the assault and the circumstances under which it happened.
Get Strong Legal Representation from an Accomplished New York Sexual Assault Lawyer
If you have been sexually abused or assaulted at a rehab facility, the New York sexual abuse lawyers at the Law Offices of Michael S. Lamonsoff are determined to help you get justice and the compensation you deserve. From the moment you sign up with us, we will support you every step of the way and will leave no stone unturned to get you the maximum compensation you are entitled to.
Our legal team includes award-winning litigators and former prosecutors and bring over 100 years of combined experience to the table. We can identify all the parties who can be held liable for what you were subjected to and take steps to obtain the rightful damages on your behalf.
To discuss your case with a New York sexual abuse attorney from our firm, call us today at 212-962-1020 or fill out our online contact form and schedule your free and confidential consultation.