El impacto de la agresión sexual

Sexual assault can affect people in different ways, but there is no denying that these incidents leave psychological scars. Some people resolve their trauma and move forward with their lives, while others can struggle for years with the shame, guilt, and anger. Though each person’s experience is unique, here are some of the ways you can be affected by sexual assault:

• Physical injuries, including severe wounds inflicted by knives, guns, and other weapons
• Damage to the sexual organs that cause infertility and other serious complications
• Decrease in one’s enjoyment / qualify of life
• Social phobias and dysfunctions
• Sexual dysfunction (fear of or inability to enjoy physical intimacy)
• Embarazo no deseado
• Síndrome de trauma por violación (STV)
• Trastorno de estrés postraumático (TEPT)
• Dependency on drugs and alcohol
• Suicidal attempts or ideation

No matter how you are suffering, please know that help is out there, including legal actions you can take against the responsible parties. Filing a legal action won’t undo the physical and emotional harm you are going through, but it can be a valuable step in moving forward with the rest of your life.

Sexual Assault Incidents Related to Rideshare Services

Sadly, sexual assault against people in rideshare vehicles is more common that most people realize. These incidents occurred often enough to where Uber and Lyft were investigated by major news networks. In a CNN investigation, it was revealed that over 100 rideshare drivers in the U.S. were accused of sexual misconduct against their passengers. This is based on police reports over a period of 4 years, and as a result of people coming forward, there have been numerous arrests, convictions, and lawsuits. Over 30 drivers were convicted of sexual assault, and many more have been sued, along with the companies that hired them.

Here is some more information from the CNN investigation that may be of interest to you:

• Since 2015, at least 9 people in the city of Denver have accused an Uber driver of sexually assaulting them. Lyft has faced sexual assault allegations by at least 12 different passengers.
• In Boston, there were 24 reports of driver sexual assault filed with Uber, and 3 such incidents against Lyft.
• In the city of Los Angeles, there were 13 reports of sexual assault allegations against Uber since 2016 and 8 reports of sexual assaults by Lyft drivers.
• At least 16 people in Austin since 2016 have filed reports of sexual assault by Uber drivers; Lyft faced 10 accusations of driver sexual assault during this time.

Lyft and Uber’s Liability for Passenger Sexual Assault

As someone who was sexually assaulted during a ride with Uber or Lyft, you may seek justice by filing charges against your attacker. But what about a legal action against the rideshare company, i.e., the driver’s employer?

Yes, it’s possible to go after Lyft or Uber for sexual assault, but proving liability can be very complicated with gig-based employment relationships. As you are probably aware, rideshare drivers are independent contractors rather than employees. If they were classified as employees, the company would bear responsibility for their conduct within the course of their job duties. Thus, you would probably be entitled to compensation from the employer. However, companies generally have no liability when it comes to the conduct of independent contractors. So, you cannot sue Lyft or Uber solely on the basis that you were harmed by one of their rideshare drivers.

However, that doesn’t mean that ridesharing companies are immune from lawsuits altogether. After all, companies have a duty of care to customers and clients. For example, they have a basic duty to remove drivers from their system when a passenger reports physical or sexual assault. They must also have stringent background procedures to keep people out with any history of violence, arrests, and criminal convictions.

Both Uber and Lyft now conduct background checks that are random and recurring on all their drivers. However, background checks can sometimes fail, meaning that bad actors can slip through the cracks. It’s essential that companies do not rely solely on technology when it comes to hiring and screening procedures, or when they conduct on-going background checks on existing drivers. Any level of failure on the company’s part can make them liable for injuries to someone else, whether it’s a car accident or sexual assault.

Immediate investigation of all reports is another crucial step. Any driver that is accused of inappropriate conduct should be deactivated until they are cleared of any wrongdoing. Sadly, there have been a number of incidents where people are allowed to keep working for Uber and other rideshare services, even after complaints from multiple customers. For example, a driver may have a history of saying inappropriate things that make customers uncomfortable. But the company keeps their account active, which enables the driver and eventually results in a passenger being sexually assaulted.

As you can see, arguing that drivers are independent contractors does not always work when a passenger is injured from an accident or assault. For more information on liability by Uber or Lyft for the sexual assault of a passenger, contact our law firm today.

Recent Changes to Uber’s Forced Arbitration Policy

Uber and Lyft are acutely aware of safety concerns to people that order a ride, and this includes the possibility of sexual abuse and assault. After strong criticism and extensive media coverage, Uber has taken steps to address the problem of sexual misconduct by rideshare drivers. For example, they issued a list of 21 categories that constitute sexual harassment and assault. The list reads as follows:

Sexual misconduct includes:

• Asking personal questions
• Comments about appearance
• Explicit comments
• Explicit gestures
• Flirting
• Exhibición de material indecente
• Fotografía indecente (sin consentimiento)
• Masturbación o material indecente
• Solicitar contenido sexual
• Puesta en marcha
• Amenaza verbal de agresión sexual

Acts of sexual assault:

• Attempted kissing – non-sexual body part
• Attempted kissing – sexual body part
• Intento de penetración sexual no consentida (intento de violación)
• Attempted touching – non-sexual body part
• Attempted touching – sexual body part
• Non-consensual kissing – non-sexual body part
• Non-consensual kissing – sexual body parts
• Penetración sexual no consentida (violación)
• Non-consensual touching – non-sexual body part
• Non-consensual touching – sexual body part

Clearly, Uber realizes they cannot run from this issue, and there must be parameters that are used to hold drivers accountable. Another important step in victim’s rights has to do with the company’s arbitration requirement. To specify, Uber no longer require mandatory arbitration as a way to settle claims against the company and anyone working for them. So, victims now have the option of taking their case to trial in the event Uber does not offer them a satisfactory solution.

Why is this such an important change? Essentially, forced arbitration means you have to settle your dispute hind closed doors. Arbitration is legally binding, so you are stuck with whatever decision is reached by the panel, thereby taking away your right to seek justice from the court system. Removing the arbitration requirement also takes away certain non-disclosure agreements and confidentiality provisions after a settlement is reached. This way, victims are not prohibited from sharing their experience and telling others about the process of filing a sexual assault lawsuit against Uber or Lyft.

Aside from your right to sue for sexual assault, Uber has added technological features to help riders in distress. At any point during a ride, passengers can access a virtual “panic button” through the app that connects them with 911. Lyft has introduced a similar feature on their apps to provide additional protection for riders.

Previous Incidents of Uber and Lyft Sexual Assaults

Stories of sexual abuse by drivers for Uber and Lyft have circulated on social media sites for many years. And we as sexual assault attorneys have heard some truly horrifying stories of passengers who were in fear for their lives. Here are some examples of real-life Uber and Lyft sexual assault incidents:

• A San Diego woman booked an Uber ride because she was intoxicated. Because she felt sick, she asked the driver to pull over so she could vomit. At some point, she lost consciousness and woke up to find that she was being raped by her Uber driver.
• A woman ordered an Uber after hanging out at a Miami bar with her friends. She lost consciousness at some point and woke up the next morning in her apartment. She realized that her pants and underwear were on the floor and remembered that the Uber driver had helped her into her apartment. The woman claimed that she had been raped by the driver, who took advantage of the fact that she was drunk.
• A Long Beach resident fell asleep in the back of an Uber vehicle because she was intoxicated. When she woke up, she realized that the driver was sexually assaulting her.
• A woman in Lompoc was escorted into her home by an Uber driver because she was going in and out of consciousness. She later woke up to find that she was naked, bleeding, and bruised.

Past Sexual Assault Cases That can be Applied to Uber and Lyft

We previously mentioned confidentiality and non-disclosure agreements that protected Uber and Lyft while forcing victims to stay silent. In spite of these restrictions, there were forums and social media groups that talked about rideshare drivers sexually assaulting customers. Uber and Lyft continued to maintain that even if the incidents were true, they were not legally responsible for the actions of their drivers, who are independent contractors. But there are many legal cases that are used to counter such arguments, like the series of sexual assaults committed by Jaime Jiminez between 2002 and 2015.

Jiminez was a volunteer football coach at Benjamin Franklin High School who committed acts of sexual abuse against at least 9 underage victims. The incidents occurred at multiple on and off-campus locations starting in 2002, but Jiminez did not pay for his crimes until 2016. Along with a criminal case, the victims filed a lawsuit against Jiminez, Ben Franklin High School, the school district, and the football association.

The perpetrator and high school were dropped from the claim, but the victims continued to seek justice from the Los Angeles Unified School District and the Glendale Junior All American Football Association. The lawsuit claimed that the defendants failed to recognize and resolve indicators of sexual abuse, like the Jiminez buying certain students gifts, inviting them to his house, driving them home after practice, and taking pictures with students and meeting with them privately in locker and equipment rooms.

The football association and LAUSD argued that the circumstances were not clear indicators of sexual abuse by the coach. However, school administrators should exercise due caution and step in when a relationship between teachers and students seem unusually close. For example, why was Jiminez allowed to buy specific students gifts and meet with them privately, apart from any other staff or team member? Why were students invited over to his house when the average teacher clearly sets boundaries between themselves and the kids they work with? Eventually, the lawsuit settled for $8 million to be divided among all the plaintiffs.

You may be asking yourself what this case has to do with sexual abuse claims by Uber and Lyft passengers. Well, it’s clear that a lack of supervision and common sense played a major role in the abuse committed by Jaime Jiminez. Frankly, officials had a duty to enforce procedures like teachers not meeting students outside of school for anything other than educational purposes. Even then, there should be another adult (teacher, parent, etc.) in the vicinity to ensure that the children are safe. Considering how long Jiminez got away with these acts for 13 years, it’s clear that the people in charge of the students dropped the ball and must pay the price for their negligence.

Likewise, Uber and Lyft can argue that the driver is an independent entity, and they cannot control every aspect of their lives. While this is true, they have a duty to actively listen and investigate sexual assault allegations immediately. In fact, they must investigate any complaints about drivers being rude, aggressive, or doing something else that is clearly inappropriate. In a lot of cases, these “minor” incidents are a prelude to disturbing acts like sexual assault. If rideshare companies are proactive and suspend or permanently deactivate accounts, they may end up saving innocent victims from being assaulted.

Failing to address risk factors and implement reasonable solutions can make companies liable for the actions of those who work for them, whether they are employees or independent contractors.

The Importance of a Rape Kit

Rape kits are sexual assault forensic exams that are used as evidence in a legal proceeding. This is a vital piece of evidence, and most cases fall through due to the lack of a rape kit right after the assault. This is why we encourage victims to go to the hospital right after an assault, though it’s understandable that such examinations can add to the trauma of a sexual attack.

A rape kit refers to a physical set of tools that are used by medical professionals to extract evidence from your body and personal belongings, like your clothes. A rape kit generally includes swabs, combs, bags, envelopes, and equipment to collect blood samples. It’s essential that the examination takes place with 72 hours of the assault; otherwise, the evidence may be degraded or washed away. So, please resist the urge to bathe, throw away your clothes, or use the bathroom. Instead, go immediately to a medical center and let them know that you were sexually assaulted.

Please note that the examination can take up to a few hours, and the process can only be completed by specially trained individuals, which include Sexual Assault Nurse Examiners (SANEs), Sexual Assault Forensic Examiners (SAFEs), and Sexual Assault Examiners (SAEs). All evidence gathered from a rape kit is preserved for up to a certain number of years, which is based on state laws. In California, law enforcement agencies must ensure that a rape kit is stored for at least 20 years.

In spite of how long these kits are available, please note that the statute of limitations to sue for sexual assault is 10 years for adult victims. With that in mind, you should take some time to discuss your experience with a sexual abuse lawsuit attorney. You may decide that suing for sexual assault is not the right course of action, but we want to you make an informed choice based on reliable advice from experts in the field of sexual abuse lawsuits.

What to Do if You are Sexually Assaulted

If you are sexually assaulted, there are steps you can take to protect yourself and establish evidence for a legal case. So, please refer to the following tips for what to do after a sexual assault by an Uber or Lyft driver:

• Get to a place of safety –  make your way to a safe place far away from your attacker.
• Call 911 so you can talk to the police and file a report. You are not obligated to seek prosecution if you do this, but it does ensure that a record of the incident is on file with law enforcement.
• Seek medical attention, which includes a rape kit. Please note you must do this within 72 hours, though it’s appropriate to go to the hospital right away before you have a chance to shower, change clothes, or do something else that compromises physical evidence of a rape.
• Check your ride history on the Lyft or Uber app and take screenshots of your ride
• Report the event to Uber or Lyft, but try to stick to the facts and avoid emotional statements or making guesses. The appropriate thing to do is write out a statement and submit it through the app or website, which gives you a chance to read things over and take out any unnecessary information. This way, you limit the chance of saying something that the company can use against you.
• Contact a sexual assault attorney as soon as possible to obtain advice and legal protection if you decide to move forward with a claim.

Compensation Included in a Sexual Assault Settlement

In this section, we will explore the various payments that are paid to victims of sexual assault. These are known as economic and non-economic damages, which you can learn about from a lawyer that specializes in sexual assault cases. Please note that certain forms of compensation may not be available to you, but you are owed much more than the cost of immediate medical expenses after a sexual assault. You also deserve maximum compensation in each of these categories, and that can be very difficult to achieve without aggressive representation from a skilled attorney.

Possible damages in a lawsuit for sexual assault against Lyft or Uber can include:

• Medical costs to compensate you for hospital bills, surgery, mental health counseling, and other services / treatments
• Lost wages to cover any income that you were unable to earn as a direct result on the incident
• Pain and suffering for intangible damage, like emotional distress and mental health disorders related to sexual assault.
• Property damage for any personal belongings that were damaged or lost during the event
• Loss of consortium to loved ones for losing out on the ability to have a normal relationship with the victim (commonly awarded to spouses)
• Punitive damages awarded by juries as a way to punish defendants for extreme negligence or malicious conduct

Sexual assault cases have wide variations in case values, though we can say that most lawsuits settle for 6 to 7 figures, with some cases reaching the 8-figure mark. So, if we had to come up with a settlement range, $500,000 to $1,000,000 is probably a fair estimate. However, the extent of physical and emotional harm and how it impacts the rest of their life is different for each and every claimant. The specific act of assault is crucial as well; those who are raped vaginally or anally generally receive the highest payouts. But cases of sexual groping, attempted rape, and other acts of assault can also have values of several million dollars depending on various factors, like false imprisonment and threats of bodily harm.

With the average personal injury case, physical injuries are the most important variable. But this is not as important in sexual assault claims, where the emotional suffering plays a greater role. So, the level of emotional trauma and resulting mental health issues have the greatest effect on how much the victim can ask for in a lawsuit. However, this is just one of many factors we have to examine before we can determine a settlement value. To discuss the potential amount of compensation you can receive, talk to a sexual assault lawyer at your earliest opportunity.

Were you or a member of your family sexually assaulted by a Lyft or Uber driver? No one should have to worry about being assaulted when they schedule a ride, but many people have spoken out against sexually inappropriate conduct by rideshare drivers.

A single incident of sexual assault can alter the entire course of your life, and it’s easy for sexual predators to take advantage of jobs like driving for Uber and Lyft. Many people requesting rides are impaired by alcohol after leaving a club or bar, and they are doing the right thing by calling for a ride. But doing so makes them vulnerable to rapists and sexual deviants, especially if they lose consciousness during the ride.

We can’t argue that ordering a ride is a safer option compared to driving under the influence. But rideshare companies also have a duty to protect passengers from violent acts by their drivers. If n Lyft or Uber driver sexually assaulted you, please take some time to speak with a member of our legal team. The sexual assault lawyers of DTLA have taken on some of the country’s biggest corporations and recovered millions of dollars on behalf of our clients. We are more than ready to fight for your rights and help you pursue a sexual assault claim against Uber or Lyft.

We provide legal services for $0 upfront under the Contingency Fee Arrangement. What does this mean for you? Simply put, you are not asked to pay any fees or a retainer for a sexual assault lawyer to represent you. We make $0 until your case is settled and your payment is released by the other party. Otherwise, if we do not win your case, you are not asked to pay anything in legal fees. To learn more about filing an Uber or Lyft sexual assault lawsuit, contact our office to schedule a free case review.

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