Sexual Assault

[confuseddad_tx]

What is the name of your state? Tx

What is the name of your state? Texas

15 year old daughter was sexually assaulted by a 20 yr old over the weekend. Guy works for blockbuster. we had left our number for him to call in case a movie came in before they closed. he called her and told her he had a copy and would bring it to a location for her to meet him at. she went to get the movie and he said that he had forgotten the movie. He then held her down on the ground covered her mouth so she could not scream and then put his hands down her panties and pushed his fingers up inside her causing her to bleed.

My question is, do we have any grounds to sue blockbuster because he used the movie rental to gain access to my child. If we do have grounds then would she have to go to court and give the details or could they just use the paperwork we have filled out with the police department.

 

[Just Blue]

https://forum.freeadvice.com/showthread.php?p=1732233#post1732233

Double Post

 

[confuseddad_tx]

Double Post

Double post because nobody was responding to post in other forum

 

[Just Blue]

Double post because nobody was responding to post in other forum

Are you kidding? You just posted it 20 min ago! Jeesh! By my clock it is 8:47 am EST, for over half the country it is BEFORE 7 am...

 

[confuseddad_tx]

Sorry

I am sorry for sounding snippy; forgot about the time thing. I have noticed that no one has responded to either posting. Does that mean they do not know the answer to my question?

 

[confuseddad_tx]

Attack was Likely?

Pretty clear on the definition of Attack was likely, but here is the kicker.. he has a police record and was put in jail for choking an ex- girlfriend and when I told the police where he worked they described him to ME and told me that they have had their eye on him because they have received previous complaints about this dude. They did not tell me what those were... mainly because I was too upset to think to ask. She knows she is going to have to testify at this guy's trial if it goes that far. She does not want to because she says she does not want to re live what happened, but she said she will to put his ASS away.

 

[CJane]

Pretty clear on the definition of Attack was likely, but here is the kicker.. he has a police record and was put in jail for choking an ex- girlfriend and when I told the police where he worked they described him to ME and told me that they have had their eye on him because they have received previous complaints about this dude. .

Doesn't prove that BB knew that he was a danger though. Or that they were complicit in his actions.

If he'd attacked her AT BB, maybe you'd have some recourse but even that would be shaky. But your child left the house to meet a stranger at a random location. It doesn't really matter legally if he used a movie, a lost puppy, or a particularly yummy piece of candy in order to entice her. It's not the movie's, the puppy's or the candy's fault.

 

[confuseddad_tx]

What IF

What if he has past complaints of sexual assault, but did not put it down on his Application? I know that would be grounds for being fired, but since they are "supposed" to do background checks could I then go after them. If the answer is still probably not then could I sue his sorry ass.

 

[CJane]

they are "supposed" to do background checks

What do you mean, they're 'supposed to' do background checks? For a practically min wage retail mouthbreather job?

Not likely.

If the answer is still probably not then could I sue his sorry ass.

He works a practically minimum wage retail mouthbreather job... how much do you really think he could pay towards a judgment?

Your daughter's near rape does not = winning the lottery... and that's really what it's starting to sound like you were hoping for.

I'm betting that if he worked for Mom n Pop Video you wouldn't be here right now.

 

[>Charlotte<]

Don't worry, confuseddad. It won't be necessary to "go after" Blockbuster to convict and appropriately punish the man that assaulted your daughter. Which I'm sure is all that matters to you. You probably don't care about the money, all you want is for this guy to be punished and put away so he can't hurt someone else's daughter. Right? Well, rest assured, you can do that without suing his employer. Hope that makes you feel better.

 

[confuseddad_tx]

Mom and pop video

Even if it were a Mom and Pop video I would be asking these questions. Don't tell me that if you were in my shoes you would sit around and not be asking questions because if you say you wouldn't we all know you wouldn't be telling the truth.

What do you mean, they're 'supposed to' do background checks? For a practically min wage retail mouthbreather job?

Not likely.



He works a practically minimum wage retail mouthbreather job... how much do you really think he could pay towards a judgment?

Your daughter's near rape does not = winning the lottery... and that's really what it's starting to sound like you were hoping for.

I'm betting that if he worked for Mom n Pop Video you wouldn't be here right now.

 

[Just Blue]

Even if it were a Mom and Pop video I would be asking these questions. Don't tell me that if you were in my shoes you would sit around and not be asking questions because if you say you wouldn't we all know you wouldn't be telling the truth.

If my 15 year old daughter was sexually assaulted 2 days ago, I can honestly say I would NOT be asking how to sue the company the assailant worked for.

I might ask what is the likely punishment he would be looking at...But the most likely place you would find me, is in the waiting room of the Rape Crises Center waiting for my daughter while she was counseled.

Frankly I find your priorities to be repugnant.

 

[confuseddad_tx]

Getting Arrested

I am not out to make a quick buck as someone previously stated I was just wondering about some things. Don't sit around and judge me because I do not know the law completely that is why I am in here. Don't sit there also and tell me that if you were in my shoes and did not know the law completely that you would not be in here asking the type of questions I am asking. I just was wondering about things. If you think that this is all about money then you are full of yourself because I know for a fact that you would want to sue somebody (not for money but just because of the lack of background checks performed) if this happened to you or your child. Wish you were in my shoes right now and could look at the crap my daughter is having to deal with and the look of distrust in her eyes when she sees someone and the pain she is going through and there is NOTHING I can do to help.

I am pretty sure they have enough evidence (clothes my daughter was wearing and evidence they took at the sight of the attack) to put this guy away for awhile. She is very strong child, but NOBODY much less a child should have to deal with the garbage that he did to her and how he has crushed her life.

 

[confuseddad_tx]

Your Pitiful

We have numbers to call to set up consultation with a Rape crisis counselor. That was the FIRST thing we did. We have called them and talked over the phone. My daughter writes stuff in the journal they gave us. We have someone who is going to call and set up therapy session. Don't call me repugnant and say my priorities are not straight when I have done all these things BEFORE coming in here to ask questions. Frankly, I think you are an ASS.

 

[outonbail]

Your questions seem to concern financial gain, not punishment of the suspect, or the rights of your daughter or her medical and emotional concerns. These are what my immediate questions would be. I would be concerned with my daughter's well being and seeing that this guy is convicted for his heinous crime, not with how much money I can sue for and who would end up paying it.
This guy hasn't been convicted of any crime yet, so you seem to be jumping the gun as far as filing a civil case against him or his employer is concerned.

Do you know if this guy is even in police custody?