LEGAL BASIS FOR CLAIM FOR SEXUAL ASSAULT OF A BUSINESS PATRON BY AN EMPLOYEE, AGENT OR MANAGER OF THE BUSINESS UNDER CALIFORNIA CIVIL CODE 51.9
That plaintiff [person claiming to be assaulted or harassed] had a business, service, or professional relationship with defendant [business employing the sexual perpetrator];
2. That defendant [through their agent/employee] made sexual advances, solicitations for sex, sexual requests or demands for sexual compliance to the plaintiff.
That defendant engaged in verbal/visual/ physica conduct of a sexual nature/hostile nature based on gender that was unwelcome and pervasive or severe;
3. That Plaintiff was unable to easily end the relationship with defendant; and
4. That plaintiff has suffered or will suffer economic loss or disadvantage, personal injury and/or the violation of a statutory or constitutional right as a result of defendant's conduct.
The broad nature of this statute makes is applicable in many situations. The statute itself states that "business relationships" "include but, are not limited to" the following:
"(A) Physician, psychotherapist, or dentist. For purposes of this section, “psychotherapist” ...
Therefore, if sexual acts are committed by any of these types of professionals or in the context of other business or professional relationships, a civil claim for personal injury may lie. This could include:
- A doctor, nurse or other medical personnel commits a sexual assault in a hospital, clinic or other medical business;
- A lawyer, social worker, real estate agent, banker or other professional trying to elicit payment for services through sexual favors
- A landlord soliciting sex from a tenant
- A teacher sexually abusing a student
Importance of Consulting With A California Sexual Assault and Abuse Attorney If You or A Loved One Are the Victim of Sexually Inappropriate Conduct on the Part of a Business or Professional Services Provider
Finding liability in these situations requires first proving, by admissible evidence, that the conduct took place. In addition, in order to hold the business or corporation itself responsible for the acts of its personnel, oftentimes requires showing that they knew or should have known about the wrongful behavior either before or after it occurred and either did nothing to prevent it or "impliedly" approved or "ratified" the wrongdoing. These are all legal issues that should be addressed by a lawyer who is familiar with sex assault and abuse claims and has experience in prosecuting such actions on behalf of California victims of sexual assault and abuse. For a free consultation on any such claim, call our toll free number statewide at 866-229-0101 or visit our webpage .
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