A college student sex assault lawyer can help if you or your child was the victim of a sexual assault or rape at school. The number of students sexually assaulted at colleges and universities is staggering. Many students fear reprisals for reporting rapes on campus and many victims never get justice.
A college may be legally liable to college rape victims for attacks in school buildings and on campus.
The Buckfire Law Firm files civil lawsuits against colleges and universities demanding compensation and changes to the school procedures to protect other students from being victims in the future.
- Campus Sexual Violence Statistics
- Can a Rape Victim Sue a College or University?
- Title IX Violation Lawsuits
- Examples of College Student Rape Settlements
- How Much Time do I Have to File a College Sex Assault Lawsuit?
What is Considered a Sexual Assault and Rape?
The definition of a sexual assault varies from state to state. Each state has its own criminal statutes that classify the different degrees of criminal sexual conduct.
In all states, forced sexual penetration is the highest criminal charge against the perpetrator. Lesser charges do not mean the sex attack was inconsequential, but rather the level of punishment may be less depending on the assault.
Rape is also defined differently in each state. The U.S. Justice Department updated the definition of rape to be the “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, with the consent of the victim.”
Sex assaults also include unwanted sexual touching for the purposes of sexual gratification or arousal, or for purposes of revenge or to anger and humiliate the other person. Sexually harassing a college student may also constitute a criminal act in many states.
Campus Sexual Violence Statistics
Sexual violence and rape on college campuses across the United States is very prevalent. Recent statistics demonstrate the pervasiveness of sexual assaults against college students and graduate school students in this country.
- 13% of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students).
- 7% of female and 2.5% of male graduate students experience rape or sexual assault through physical force, violence, or incapacitation.
- 4% of female and 6.8% of male college undergraduate students experience rape or sexual assault through physical force, violence, or incapacitation.
Students are at an increased risk for sexual violence during their first year in college. Incidents of date rape drugs and sex assaults on highly intoxicated students are being increasingly reported. Most college sex assaults occur during the fall semester of school. Unfortunately, only 20% of female victims report their assault to the police or campus security officers.
Common Locations of College Campus Sexual Assaults
Sexual assaults and rapes of college students can occur anywhere on a college campus or near a university. Common locations include:
- Student dormitories
- Off-campus housing, like houses and apartments
- Fraternity and sorority houses
- Campus buildings and libraries
- Sport and athletic fields
- Golf courses
- More secluded outdoor areas on a campus
- Vehicles parked on campus.
Can a Rape Victim Sue a College or University?
A college and university owe a legal duty to students on campus to protect them from sex assaults and rapes. While not all rapes are preventable by a college, there are certain measures taken on many campuses to increase protection to the students, including:
- Securing buildings with locks and alarms to prevent unwanted students and non-students from entering buildings, especially dormitories that house women.
- Implementing requirements to enter buildings, especially dorms, like requiring student identification to enter and sign in sheets at a front desk.
- Security guards roaming the campus and buildings to ensure students are safe and to discourage anyone from sexually assaulting a college student.
- Alarm strips in bathrooms, bus stops, and stairwells.
- Panic phones across campus for students to quickly call for help.
- A well-lit campus at night for students to safely see their surroundings.
Nowadays, these rape prevention measures should be standard on all college campuses to protect students from sexual assaults. The failure to implement these and other safety protocols can give rise to the college rape lawsuit for a student sexually assaulted on campus or in off-campus housing.
Title IX Violation Lawsuits
Many university sex assault lawsuits are based on Title IX violations. This law, passed in 1972, requires colleges that receive federal funding to protect their community against sexual violence. This includes providing proper protection as well as performing investigations and reporting sex assaults.
Colleges and universities must have established procedures and protocols for handling complaints of sex-based discrimination and sexual violence. A person cannot be punished or retaliated against for making a Title IX Complaint to the school and must protect that person from retaliation by others.
College Students Sexually Assaulted by College Students
If a college student was sexually assaulted another student, the school can still be accountable if proper safety measures and protocols were not implemented.
For example, the failure to lock exterior dorms to a women’s dormitory building or even a women’s floor in a co-ed dormitory may be a good basis to sue the college for a rape that occurred in that building.
The lack of other effective security systems or the lack of maintenance on those systems is another basis for a college sex assault lawsuit.
College Athletes Sexually Assaulted by College Athletes
College athletes are also commonly the victims of sex assaults by other athletes. This can include a student-athlete raping another athlete, or a sports team engaging in sexually assaultive hazing activities.
For example, many incidents of male and female athletes being hazed by team members with broom and other objects has been reported in recent years.
The schools, administrators, and coaches can be held liable for failing to educate athletes on the illegalities of hazing. In addition, liability can attach if a coach, athletic director, or administrator failed to take action to prevent sex assaults to athletes.
How Much are College Student Rape Settlements?
In a civil lawsuit, a student can claim several types of recoverable damages. These include monetary compensation for physical pain and suffering, psychological damage, mental anguish, and depression.
Many college students suffer irreparable harm from a college campus rape, including eating disorders, PTSD, and sleep disorders. Quite often, a student victim will withdraw from school due to the physical and mental trauma suffered from the assault and the need to transfer to a different college.
Even with counseling and therapy, many victims endure these problems into adulthood. The trauma can affect future relationships and employability. There is also a medical expense claim in these lawsuits. May students require lifelong psychotherapy, counseling, and medications for the treatment plan.
Examples of College Student Rape Settlements
- $14,400,000 settlement for nine Dartmouth University students who alleged they were sexually assaulted and harassed by their professors.
- $2,480,000 settlement with the University of Tennessee for eight women who claimed they were sexually assaulted by football players
- $950,000 settlement for a Florida State University student who alleged she was raped by the football quarterback.
There are many other college student rape settlements throughout the country. Many are reported as “confidential” to prevent the specific details being made public.
Many large university settlements paid to students victimized by university doctors have been reported in recent years. These involve payouts in the hundreds of millions of dollars to students at Michigan State University, University of Michigan, Ohio State University, and University of Southern California.
How Much time do I have to File a College Sex Assault Lawsuit?
The time deadline, or statute of limitations, to file a college sex assault or rape lawsuit varies from state to state. Every state has its own specific statute of limitations to file a lawsuit.
Recently, many states have enacted laws extending the filing dates for sex assault victims. Other states have legislation pending to extend the deadlines in their states. It is essential that you contact an attorney as soon as possible to avoid missing an unforgiving lawsuit filing deadline.
Contact Our College Student Sexual Assault Lawyers
College students who were sexually assaulted or raped on campus or off campus needs an experienced sex abuse lawyer on their side. Our top-rated lawyers at The Buckfire Law Firm will fully investigate your case and sue your college or university if it failed to prevent your attack or violated state and federal laws. We win among the highest sex assault settlements every year for our clients.
Contact our award-winning law firm today. We charge no lawyer fees unless you win a settlement — and it costs no money to start your case.
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