Being sexually assaulted turns a hotel stay into a nightmare with long-lasting consequences, including PTSD. A Chicago hotel sexual assault lawyer from our firm provides aggressive legal representation to ensure you receive maximum financial compensation from a civil lawsuit. Contact us today to schedule your free consultation with a compassionate, trauma-informed sexual assault attorney.
$21,000,000: Mindy was staying in a River North hotel when the desk clerk sexually assaulted her. The perpetrator had prior sexual misconduct complaints, but was still hired to work with the public. Our law firm held the company accountable for failing to properly screen its employees.
$6,350,000: While retrieving her car from a Gold Coast hotel parking garage, Rochelle was violently assaulted by a stranger. After a thorough investigation, our law firm proved that the hotel was aware of previous attacks in the parking garage but did not install lighting, hire security guards, or update their obsolete surveillance system.
$1,000,000: Anna was sexually assaulted in her West Loop hotel by another guest, who gained access to her room because the magnetic keycard had not been reprogrammed. Our law firm demonstrated that the abuse occurred as a direct result of the hotel’s negligence.
Rosenfeld Injury Lawyers is a leading sexual assault law firm in Chicago due to our passion for protecting victims and holding abusers accountable. We are members of the American Association for Justice and the Illinois Trial Lawyers Association with a perfect 10/10 AVVO rating, representing our proven track record of success.
We understand the deep emotional distress and fear that victims experience after sex crimes. As such, our sexual assault attorneys minimize the anxiety of a claim, direct survivors to resources, and coordinate all third-party communication so that you can focus on healing.
Our law firm handles civil sexual abuse claims, which are separate from criminal trials. You can pursue compensation through a civil suit even if you decide not to press charges or if the sex crime occurred several months prior. Sexual assault cases we handle include:
Sexual assault crimes are one of the most common forms of violence against women and can occur anywhere, including in hotels. Common forms of sexual assault in hotels include:
While these crimes are always the fault of perpetrators, sexual assault in a hotel often involves negligence by one or more parties. These causes can include:
Sexual assault has devastating impacts for victims that leads to lifelong trauma. A report by researchers at Brigham Young University found that sexual assault hinders hormone function in the brain, causing or worsening psychological conditions. Common consequences of assault include:
Harvard University reports that sexual assault can also lead to physical health conditions, including gastrointestinal disorders, heart disease, chronic pain, and high blood pressure.
Our attorneys will fight for full and fair compensation. Damages for a sexual assault claim can include:
In some cases, a jury may also award punitive damages, meant to punish the liable parties and force change. These are not guaranteed and are treated differently than compensentory damages, meaning they may require taxation (735 ILCS 5/2-1115.05).
The average payout for a sexual assault claim is $15,658,007. Payouts range between $630,000 and $44,618,042. Your compensation will depend on factors such as severity of the abuse, overall compensatory damages, available evidence, and clarity of liability.
Kathleen Ann Dawson was staying at a hotel when she went out with coworkers to a bar. She became intoxicated by alcohol and required wheelchair assistance. An acqaintance took her back to his hotel room and raped her, with sexual penetration. Dawson sued Hilton Management LLC because the staff failed to check on her well-being when she was incapacitated. A jury awarded her $44,618,042.00 in financial compensation.
A 13-year old girl was staying at a Residence Inn by Marriott while her family home underwent renovations. Eareon Williams, a 26-year-old housekeeper, then began to sexually assault. He had stolen a master key from the front desk and gave it to the minor, whom he would meet in rooms he was cleaning to assault. An investigation determined that the hotel had never performed a background check on Williams, who had multiple previous charges for sexual assault crimes. A jury awarded the girl’s family $29,400,000.00.
Sexual assault cases involving institutional negligence are more complicated, as there are often multiple liable parties. Hotels and their insurance companies will strenuously deny any liability and attempt to diminish your compensation, requiring expert negotiation and litigation for any civil claim that may arise .
Additionally, sexual assault is highly traumatic. Many victims are afraid to come forward with their stories due to shame or fear of being revictimized by the legal system. Our sexual assault attorneys have years of experience working with survivors and will work to minimize the impact on your overall life. Whether we settle out of court of represent you at the Circuit Court of Cook County, we always take a trauma-informed approach, empowering you to share your story while reducing your stress.
The Centers for Disease Control notes that sadly, over half of women and one in three men have been sexually assaulted over their lifetime. Studies demonstrate that workers in hospitality represent 14% of all sexual harassment claims, with most victims being employees.
This issue is especially prevalent at low-end, budget motels and hotels. Arizona State University found that 21% of guests and visitors at some motel chains were on probation or parole. As sex-related crimes have a recidivism rate of 7.7%, perpetrators on parole have a significant likelihood of reoffending.
Tragically, hotels are often hotspots for sex trafficking. A report found that 60% of trafficking victims had been forced to work from hotels. Inadequate security in these locations may contribute to sexual assault of other individuals, where workers have not been trained to identify signs of abuse.
Common locations where hotel sexual assault occurs include:
Civil and criminal sexual assault cases are two separate cases, making it important to understand what factors go into each claim. With a civil claim, Illinois law requires a preponderance of evidence, meaning that it is more likely than not that the abuse occurred. A criminal trial requires proof beyond a reasonable doubt. As such, it is typically simpler to win a civil trial for sexual assault.
The Chicago Human Rights Ordinance (6-10-040) prohibits discrimination or harassment on the base of gender, sexuality, race, or other protected classes, with sexual assault often being considered a form of gender-based discrimination.
Survivors also have federal protections, such as the Violence Against Women Act (34 U.S.C. § 12291 et seq.), which provides expanded rights and protections against victims of sexual violence.
In addition to pressing charges, Illinois law allows victims to due for damages that will cover the harm they suffered, including both economic and non-economic damages (735 ILCS 5/).
Determining liability for violence at hotels must consider the legal obligations of the hotel. Proprietors have a responsibility and right to eject any individual who is violating the law, including local, state, and federal laws against sexual assault (740 ILCS 90/11).
The Hotel and Casino Employee Safety Act also requires hotels to train their employees to identify the signs of human trafficking or sexual violence, and it also requires them to have panic buttons that can be used to notify police if a crime is taking place (820 ILCS 325/).
Case law also applies to hotel sexual assault. In Gress v. Lakhani Hospitality, Inc., the court found that the hotel had an obligation to prevent foreseeable harm to guests, such as by performing background checks on employees.
Adult survivors of sexual assault have two years after the incident to file a lawsuit (735 ILCS 5/13-202). For child survivors, they have up to 20 years after their 18th birthday or when they would have discovered that their injuries were related to sexual assault (735 ILCS 5/13-202.2).
Illinois law allows allocation of blame between one or more parties through the Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/2). Liable parties can include:
Hotels will refuse to pay their fair share for the tremendous harm done by sexual assault. Our skilled attorneys are adept at countering their tactics for avoiding accountability, which can include the following.
Consent: A common argument is that the victim consented to the sexual activity. However, we can use witness statements, personal testimony, and police reports to prove otherwise.
No Prior Notice: If an individual gained access to the hotel room through broken doors or master key cards, the hotel could claim that they were not aware of the issue prior to the incident. Maintenance logs, surveillance footage, prior complaints, and employee testimony can disprove this claim.
Unforeseeable Event: The hotel could argue that the incident could not have been predicted or prevented, such as a person forcing their way into the hotel. Reviewing crime rates in the nearby area can show that the hotel can shed light on how foreseeable the incident was based on the surroundings.
No Negligent Hiring: If the perpetrator was a staff member, the hotel could argue that they performed their due diligence or that there had been no previous complaints. We will investigate the assailant’s background checks and consult with experts to determine whether there were warning signs that the hotel missed.
Contributory Negligence: As Illinois law uses contributory negligence (735 ILCS 5/2-1116), the hotel could claim that you were primarily responsible for the assault by drinking, failing to use panic bars, or not being more aware of your surroundings. We will work with experts in sexual assault who can demonstrate that the victim is not to blame for an assault, even if they were drinking.
Sexual assault can be a disorienting experience, especially if it takes place in a hotel where you are far from home. However, prompt action can significantly improve your chances of receiving fair compensation. Follow these steps as soon as possible.
Our law firm will thoroughly investigate your case to determine liability and build a strong argument using sexual assault forensic exams, medical records, and employment records. By consulting with experts on interpersonal violence, we can evaluate what future care you may need and demonstrate the impact the event has had on your life.
We are skilled negotiators who will push for the highes compensation from the hotel chain. While many cases settle out of court, we prepare each sexual assault claim as if it will go to trial and are ready to provide the best legal representation at the Circuit Court of Cook County.
Our hotel sexual assault law firm provides legal representation on a contingency fee basis. You owe us nothing unless we win your civil case.
Yes. A civil lawsuit is separate from a criminal sexual assault case, meaning that you do not need to press criminal charges in order to file a civil suit. Our sexual assault attorneys can work with experts to explain why victims may not go to the police, seek medical attention, or pursue a criminal case if your case goes to trial.
The victim can file a civil lawsuit against the perpetrator. For underage victims, their adult family member, such as a parent, can file a sexual abuse claim on their behalf.
Our caring personal injury attorneys in Chicago are ready to fight for you and your family members. We work on a contingency fee basis: no fees unless we win. To begin your journey to healing with a free case review, call us at (888) 424-5757 or use our contact form.
Specific Cases We Handle
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.