Legal Question in Civil Litigation in Texas
I live in Texas, my daughter is 17 and attended an after party after prom last week. I wasn't aware of this party and thought my daughter was at a sleepover with a group of girlfriends. The parents that held this party contributed liquor and beer to all the kids there. My daughter became very intoxicated and at one point was put in a bath tub b/c she was vomiting so much. Her friends then took her to a back room to let her pass out. She was then raped by a boy at the party. We have spent the week getting police report done, sexual assault exam done and now we wait. I am furious with these parents for never even picking up a phone to call me when my child was so beligerant and sick. Had they done this, instead of drinking with the kids, my child might not have had to endure a sexual assault. My question is... if the police do not file criminal charges against these parents, can I file a civil suit for negligence? The focus right now is on the rape question, but I want to make an example of this case of what can happen to teens and parents needs to have a sense of responsibility to all children, not just their own.
1 Answer from Attorneys
I'm sorry to hear about this. Yes, it's possible to sue the rapist and the parents who hosted the party. Essentially, the parents would be liable for negligent supervision of the party.
Dave
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