Legal Question in Civil Litigation in Dominican Republic
Raped in the Dominican by Secuirty Guard, is the resort responsible?
I was raped during my spring break trip to the Dominican Republic. The perpertrator was a security guard at the resort where we were staying. He was on duty at the time. Do you think that we will have a good case against the resort? It is a Hilton resort. Also, how long do you think this lawsuit might take to be settled? Will it be much more complicated because it happened in the Dominican? after the assault happened, i notified the U.S. Embassy the very next morning. They sent out 2 women to help me through the days process. The workers for the resort were very uncooperative, as they tried to tell me it didn't happen. A doctor checked me a verified that there was intercourse, do you think the larger battle in court might be, it if was consenual or not? i don't know if i can go through that emotionally. have u ever heard of, or dealt with a case like this before? thank you!
2 Answers from Attorneys
Re: Raped in the Dominican by Secuirty Guard, is the resort responsible?
If the Hotel is owned by Hilton then you may be able to bring the case in a US Court. The Tort is negligent hiring/retention. You must be careful not to speak publicly of this as the greatest asset your case has is the potential public exposure of what happened. You should contact an attorney to discuss a litigation strategy. I offer free consultations.
Re: Raped in the Dominican by Secuirty Guard, is the resort responsible?
Sir:
Criminal litigation is about proofs. So, it�s my responsibility to ask you: What evidence do we have to accuse the security guard and to demand the resort?
Until you disclose to me the evidence, I can�t tell you if you do �have a case�. Anyway, if you have the evidence, there�s no doubt that you can plaint a lawsuit against the resort, claiming for substantial reparation of your damage (physical and emotional). My office has experience in criminal cases, and we work a lot for foreign citizens, in the north coast of the country.
About the trial time, it wouldn�t be too long (No more than 45 days), but the maximum pre-trial time can vary from 6 months (if the prosecutors obtain coercion measures against the defendant), to the maximum of the penalty duration, if there are not taken any measures.
The penalty for the rape crime goes from 10 to 20 years of major reclusion, and a fine between 100,000 and 200,000 dominican pesos. The criminal court can to sentence the civil lawsuit against the Resort.
If you consider necessary to talk about your case, here are my phone numbers:
Office: 809 471 7747
Cel. 1: 809 470 5555
Cel. 2: 809 880 7747
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