Claim for rape:
We received instructions in Spring 2014 from a woman who had been sexually assaulted whilst attending a physiotherapist for treatment. Understandably she was traumatised by this event and, having reported the matter to the police, and seen her attacker convicted, she contacted us with a view to obtaining compensation.
In any case where there is a claim of assault, either sexual or otherwise, by a person acting in the course of their employment we will always look to bring a claim against the employer’s insurers through the doctrine of “vicarious liability”. In essence vicarious liability allows us to put the employers in the place of the employee. The main advantage of this is that whilst the employee will rarely have insurance for his negligent actions/deliberate assaults, his employers usually will. The difficulty is proving that the employee was acting in the course of his employment when carrying out the negligent act/deliberate assault.
In this instance we were able to show that the actions of the assault were so closely tied into the duties of the physiotherapist that vicarious liability was applicable. Our arguments were accepted and liability was admitted.
Obviously it is crucial that all aspects of the impact of the assault are taken account of and so, as is usual in cases such as this, a full psychological assessment was carried out on our client by our instructed and approved clinical consultant.
Once our client had approved the report it was submitted to the employer’s insurers.
Our Emma Mason was able to use her knowledge and experience to fully articulate the issues and problems that had befallen our client resulting from the assault and damages were settled at a level of in excess of £130,000.
Whilst no amount of damages can ever truly compensate for the distress caused by an assault of this nature, our client was delighted with the outcome.
If you have been the victim of rape or sexual assault we can help you recover the compensation that you deserve.