Back in September 2013, sex crimes Detective Derrick Williams handled the case of alleged rapist Darren Sharper of the New Orleans Saints. News of the September 23, 2013 incident spread like wildfire, the accuser being a cheerleader for the New Orleans Saints. After a rape was reported to Detective Williams, the police collected the evidence. A warrant was issued to gather a sample of Sharper’s DNA, and it matched the swabs taken from the victim’s body. Yet prosecutors and police held off on the arrest. They were “hesitant to move too quickly on a local football hero with deep pockets and savvy lawyers,” and Darren Sharper was allowed to walk free and continue his unchecked crime spree that only ended last year, when he was arrested for sexually assaulting four women in the span of 24 hours in Los Angeles, CA. Mr. Sharper would plead guilty in March, on nine counts of rape in four states. His plea deal across the states of California, Arizona, Louisiana, and Nevada allows for a possible release after 10 years, a strikingly light punishment that has drawn widespread criticism.
Is Civil Liability the Answer for the System’s Failures?
At least nine women reported being drugged or raped to four different agencies between September 2013 and January 2014. All police and prosecutors along the way failed to fully investigate the allegations and make any arrests. Additionally, reports of rape in New Orleans were up by 30% in 2013, and campus reports of sexual assault were also up, albeit that could be an indication that more women have chosen to step forward to report what was already an underreported crime.
While sexual assault has traditionally been viewed as a criminal law matter, it is clearer than ever now that it also belongs in the realm of civil law. In U.S. v. Morrison, the Supreme Court stated that victims of sexual violence had the right to litigate against their assailant in state courts under the Violence Against Women Act (VAWA). Under VAWA, the legal theory is that civil rights have been violated with sexual assault. However, that is not the only civil liability theory that exists. While the law is still in flux, sexual assault is increasingly viewed as a legally cognizable personal injury as well. Rape is a both a felony and tort in all 50 states. It causes personal injury ranging from emotional trauma, bruising, torn skin, and internal and external injuries, and possible head trauma if there was a physical altercation/struggle involved. Victims can theoretically sue for emotional distress, hospital and medical bills, and the costs of the injuries sustained, just as they can in a car accident.
Get Legal Help for Personal Injuries
Injuries cause substantial hardship on the victims as well as their loved ones, both physically and emotionally. Harrell & Nowak has aggressively represented people who have suffered personal injuries in litigation. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and we are prepared to help you today. If you or a loved one has been injured, contact our New Orleans personal injury law firm today for a free, confidential consultation.