Negligent Security Sexual Assault

Negligent Security Sexual Assault: When Property Owners Create the Conditions for Sexual Violence

Sexual assault on commercial property — in apartment buildings, hotels, parking garages, office buildings, college campuses, bars, and nightclubs — is a devastating crime that often has a negligent security component. The criminal who committed the assault bears primary responsibility. But if the property owner's failure to provide adequate security created the conditions that allowed the assault to happen, the property owner shares liability. And unlike the individual criminal, the property owner carries commercial liability insurance that can provide meaningful compensation to the survivor.

At Koussan Law, I represent sexual assault survivors in negligent security claims against property owners across Michigan. These cases are deeply personal and require sensitivity, confidentiality, and aggressive advocacy in equal measure. The survivor is already dealing with the trauma of the assault — my job is to handle the legal fight so they can focus on healing, while ensuring the property owner is held accountable for the security failures that allowed the assault to occur.

The Connection Between Inadequate Security and Sexual Assault

Sexual predators are opportunistic. They choose locations where the risk of detection is low: dark parking garages, unlit stairwells, buildings with broken locks and no cameras, bars without adequate security staffing, and hotels that don't secure guest-only areas. When a property owner fails to provide the security measures that would deter or prevent these attacks — adequate lighting, functioning surveillance cameras, working locks and access control, security patrols — they create the conditions that predators exploit.

The legal question is foreseeability: was the sexual assault a foreseeable consequence of the property owner's security failures? Evidence of foreseeability includes prior criminal incidents on or near the property, the property's location in a high-crime area, complaints from tenants or guests about safety concerns, and industry standards for security at that type of property. A hotel with a history of assaults in its parking garage that still operates without cameras, lighting, or security patrols has made the next assault foreseeable — and preventable.

Frequently Asked Questions

Q: Can I file a negligent security claim even if the assailant hasn't been caught?

Yes. The negligent security claim is against the property owner for their failure to provide adequate security — it's completely independent of whether the assailant is identified, caught, or convicted. I've brought successful negligent security sexual assault claims where the perpetrator was never identified, because the property owner's negligence was provable regardless of the criminal case outcome.

Q: Can I file the case anonymously?

Michigan courts allow sexual assault plaintiffs to proceed under a pseudonym to protect their identity. I request this in every sexual assault negligent security case. The defendant will learn the survivor's identity during litigation, but public court filings and any media coverage will use the pseudonym. Protecting the survivor's privacy is a priority throughout the legal process.

Q: What damages are available in a negligent security sexual assault case?

Economic damages include medical expenses (emergency treatment, ongoing therapy, psychiatric medication), lost wages and earning capacity, and costs of relocation if the assault occurred at the survivor's residence. Non-economic damages include pain and suffering, emotional distress, PTSD, loss of enjoyment of life, and the lasting psychological impact of sexual violence. Michigan does not cap non-economic damages in sexual assault cases. These damages are often substantial and reflect the severity and duration of the harm.

Q: What is the statute of limitations for a negligent security sexual assault claim in Michigan?

For sexual assault claims, Michigan provides extended timelines. Under MCL § 600.5851b, if the assault constitutes criminal sexual conduct, extended deadlines may apply. The standard negligence statute is three years under MCL § 600.5805. Government-owned property claims require 120-day notice under MCL § 691.1404. Surveillance footage — critical evidence — is often overwritten within 30-90 days, so immediate action is essential regardless of the filing deadline.