Rape Victim seeks damages

[jc13272012]

What is the name of your state (only U.S. law)? Michigan

My daughter was raped on January 16, 2009. She was 16 at the time, and the defendant was 17 at the time. The attack occurred at the home of his parents while they were not present.

The defendant was found guilty by a jury in April of 2010. He was sentenced to 2-12 years. He is currently out on appeal to the Michigan Supreme Court (original appeal failed at the appellate level).

Can the victim bring an action for pain/suffering/emotional trauma, etc., against the parents because the attack took place in their home?

Thank you.What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Michigan

My daughter was raped on January 16, 2009. She was 16 at the time, and the defendant was 17 at the time. The attack occurred at the home of his parents while they were not present.

The defendant was found guilty by a jury in April of 2010. He was sentenced to 2-12 years. He is currently out on appeal to the Michigan Supreme Court (original appeal failed at the appellate level).

Can the victim bring an action for pain/suffering/emotional trauma, etc., against the parents because the attack took place in their home?

Thank you.What is the name of your state (only U.S. law)?

The parents didn't do anything wrong. It would be like suing the parents of the victim for allowing the victim to go to the home of another when the parents were not home.

She has a claim against the rapist, not his parents.

 

[LdiJ]

The parents didn't do anything wrong. It would be like suing the parents of the victim for allowing the victim to go to the home of another when the parents were not home.

She has a claim against the rapist, not his parents.

He was a minor. I know for a fact that in MI parents are responsible for the crimes of their minor children, ie, when restitution is required the parents are responsible, etc. I know that rape may seem different than vandalism or robbery, (for example) but I don't think that it would change the level of responsibility.

I think that OP should discuss the matter with a local attorney.

 

[las365]

Sounds like a tough case. If the minor male had negligently injured your daughter, the parent's homeowner's insurance (if any exists) might provide coverage. Intentional acts are generally not covered.

If the parents had a reason to know that their son should not be home alone with a woman (a prior sex offense, for example) and knew that your daughter was there alone with him and did not do what a reasonable person would do to prevent that from occurring, there might - might - be a negligence claim against them. I think it is sort of doubtful, though.

LdiJ, I am of course talking about an insurance claim, i.e. A source of funds for a recovery, not the law you mentioned.

Good for your daughter for having the courage to report the assault. I hope she is making good progress with her recovery.

Your state might have some sort of crime victim compensation program that could assist in paying for her treatment for her emotional injuries. It's worth checking out.

 

[ecmst12]

Restitution is something that would have to be part of the criminal action.

 

[LdiJ]

Restitution is something that would have to be part of the criminal action.

Of course, I was merely giving that as an example. It doesn't change the fact that parents are responsible for the acts of their minor children.