Miami Injury Lawyer Blog

Earlier this year, Florida’s Second District Court of Appeals addressed the question as to liability of a co-owner of a vehicle for injuries caused by the negligent driving of the car’s other owner. In Ortiz v. Regalado, Andy Ortiz (“Andy”) was driving a car which he co-owned with his father when he collided with the vehicle of Lourdes Falcon, killing Ms. Falcon’s daughter who was a passenger.

Ms. Falcon filed a lawsuit, claiming that Andy was negligent in causing the accident and that his father was vicariously liable for Andy’s negligence as joint owner of the vehicle. As this blog has discussed before, vicarious liability, or respondeat superior, is a legal theory under which the superior, in this case Andy’s father, is held liable for the acts of his or her subordinate, in this case Andy.

After a trial, a jury found that Andy and Ms. Falcon were each 50% at fault for the accident and awarded Ms. Falcon a judgment for approximately $1.4 million in damages. Under Florida’s comparative negligence law, each party to an accident is held proportionately liable for damages resulting from his or her negligence. Accordingly, the court ordered Andy and his father jointly liable to pay half of the $1.4 million judgment.

On appeal, Andy’s father argued that he was not involved in the accident and should not be held liable merely because he was a co-owner of the vehicle. Andy’s father contended that he was entitled to a reduction in the damages under section 324.021(9)(b)(3) of the Florida Statutes, which sets a limit on damages for which an owner of a vehicle is responsible when the owner loans the vehicle to another whose negligent operation of the vehicle results in damages to another.

In rejecting this argument, the Court recognized that, although the law limits damages for the owner of a vehicle when the owner loans the vehicle to another, in this case, Andy’s father did not loan the car to Andy, rather Andy was lawfully driving the vehicle as its joint owner. The Court opined that, "An owner of an object can only loan that object to another who has no legal right to the object,” concluding that because the language of 324.021(9)(b)(3) is clear and unambiguous, the Court was required to give it its plain and obvious meaning.

Although the Court rejected the argument of Andy’s father, it acknowledged that the term "loans," was not defined in the statute. Accordingly, the Court further held that, “[b]ecause vicarious liability is of major concern to the citizens of Florida” it was necessary to certify a question to the Florida Supreme Court as to whether the damages limit under 324.021(9)(b)(3) should apply to vehicle co-owners.

Given the fact that thousands of vehicles on Florida’s roadways are co-owned, the Ortiz decision, as well as any subsequent decision by the Florida Supreme Court, is of particular importance to both plaintiffs and defendants alike.

The Miami personal injury attorneys of Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured in car accidents. If you or someone you know has been injured by the negligence of another, contact the attorneys of Gerson and Schwartz, P.A. today.

News is still coming in today about about Sandy Hook shooting massacre. With eerie similarities to the Columbine and shootings at Virgina Tech it is unthinkable how and why heinous crimes at schools are becoming more and more widespread. The latest calculations are that nearly 100 rounds of ammunition were fired and up to 30 children and adults have been killed. Crime Victim Lawyers at Gerson and Schwartz, PA believe that this is should be another wake up call to everyone from Congress to the members of the public.

Though the right to bear arms is a "constitutional" right recurring crimes like these at our most scared institutions require immediate legal reform. " How can someone just go and purchase 100 rounds of ammunition?" What does someone need a high powered machine gun for other than to kill and inflict serious bodily harm?, asked Nicholas Gerson

Though it is still unknown what other security and safety measures were breached, or if there even were any in place at Sandy Hook Elementary victims rights attorney Nicholas Gerson, believes people are still going to argue that this was just another isolated and unforeseeable incident. "We disagree." Reasonable security measures need to be enforced on a national basis- even at elementary schools. Gerson said from his Miami, Florida offices that the attorneys and investigators at his firm were monitoring the situation and have started their own preliminary investigation to determine how this happened, and what could have been to prevent it from happening.

For more than 40 years, attorneys at Gerson and Schwartz, PA have been assisting victims of crime and their families. For more information about national crime victim lawyers at Gerson and Schwartz, PA contact 1-877-475-2905

MIAMI, FL—A $3 million verdict was rendered against Miami-based Discover Day Care Inc. in connection with the alleged sexual assault of a child at the day care facility in 2008, NBC Miami reported. The lawsuit claimed the sexual abuse occurred after a teacher at the Miami day care facility placed her then-13-year-old son in charge of supervising the children during her lunch break.

According to information provided, the alleged child sexual assault victim—who was only five years old at the time of the alleged attack—testified that the teacher’s son sexually abused her during “nap time.” The sexual abuse lawsuit—which initially sought $25 million in damages on behalf of the victim and her family—claimed negligence on the part of Discover Day Care Inc. on the basis that the children were not under adult supervision when the illicit sexual encounter allegedly occurred.

The teacher’s now-17-year-old son was initially charged with sexual abuse, he pleaded no contest and was sentenced to counseling. While the jury was not aware of the said outcome of the criminal case as the civil trial was underway, three of the teen’s court-appointed therapists testified that the teen did indeed confess to inappropriately touching the young girl. According to one of the counselors, “He admits to touching her vagina.”

A defense attorney on the case told reporters he would file a motion for a new trial.

About the Miami injury attorneys and negligent security/premises liability lawyers of Gerson & Schwartz, P.A.

When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.

Continue reading "$3 Million Verdict Rendered Against Miami Day Care Center in Alleged Child Sex Abuse Case" »

MIAMI, FL—Three South Florida men are facing criminal charges in connection with the recent sexual assault of an expectant mother at one of Johnson & Wales University’s off-campus student housing units in North Miami. According to information provided by NBC Miami, officials from the North Miami Police Department (NMPD) arrested two of the rape suspects on Dec. 27 and the third on Dec. 29.

The victim (who happens to be married and eight months pregnant) appeared to have been under the impression that she was going to be participating in a photo shoot at 21-year-old Ligunson Edmond’s off-campus home when she was brutally raped. The Johnson & Wales University off-campus housing unit where Edmund lives is apparently located at 1735 NE 124th St. in North Miami.

Reports noted that the rape victim responded to a Craigslist ad titled “Lady’s South Florida” prior to the alleged sexual assault. It was not clear what the online ad entailed.

Nevertheless, North Miami Police arrested both Edmund and 21-year-old Jacques Davis Jean two days before managing to apprehend the third suspect, 24-year-old Kevin McNair. While Miami-Dade Corrections records indicate McNair is facing two counts of sexual assault with a deadly weapon causing serious injury in the college rape case, the extent of “sexual battery charges” being faced by Edmund and Jean was not clear. The case is underway.

Termed the “silent epidemic,” the U.S. Department of Justice (USDOJ) estimated that as many as 95 percent of on-campus sexual assaults go unreported. Shockingly, statistics provided by the Justice Department indicate that approximately 1 out of 4 women will be sexually assaulted or raped during their college careers.

Continue reading "North Miami Police Arrest 3 Men Suspected of Raping Pregnant Woman at Off-Campus Student Housing Unit" »

MIAMI, FL—The U.S. Justice Department announced on Dec. 20 that a former prison guard at the Miami-based Federal Correctional Institute (FCI) had indeed pleaded guilty to sexual abuse of a ward. Ex-Miami prison employee Jack Chris Jackson, 45, engaged in illicit sexual relations with an inmate under his watch and is facing up to 15 years in prison in connection with his sex crimes.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida was quoted saying, “This correction officer abused his official position. This conduct is an intolerable breach of trust that not only endangers the safety of inmates but also compromises prison security. Our office will prosecute all official corruption cases to the fullest extent of the law.”

According to information provided by NBC Miami, authorities stated that Jackson confessed to engaging in both an illicit sexual relationship with a male prison inmate for over a year and illegal sex acts with additional inmates at the low-security prison, located in southwest Miami-Dade.

“We will not tolerate corrections officers engaging in this behavior with institutionalized persons… The Justice Department will vigorously prosecute individuals who abuse their position and authority in this manner,” Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division, maintained.

Jackson, whom was arrested following both an FBI investigation and a probe by the Department of Justice Office of Inspector General, will be sentenced in the case on March 19, 2012. Susan Rhee Osborne, Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of Florida, and Henry Leventis, a U.S. Justice Department trial attorney in the Civil Rights Department, are leading the prosecution, the department’s press release suggested.

A study published by the U.S. Department of Justice Office of the Inspector General Evaluation and Inspections Division in Sept. 2009 revealed that between fiscal years 2001 and 2008, the number of sexual misconduct allegations filed against Bureau of Prison (BOP) employees rose 130 percent. The number of criminal sexual abuse allegations also rose 104 percent, bringing the grand tally of sex-related inmate claims to a whopping 1,585 during that time span. The study also found that "the general increase in allegations of staff criminal sexual abuse and sexual misconduct with inmates was greater than the increase in either the BOP’s staffing level or inmate population over the same time period.”

Aggravated sexual assault allegations—those accusing prison staff of using force and/or “placing the inmate in fear of death or serious bodily injury” as to engage in unlawful sexual acts—accounted for 9.3 percent (95) of sexual abuse/misconduct claims against prison employees. Furthermore, allegations of abusive sexual contact (i.e. inappropriate touching, fondling) accounted for 35.3 percent (363) of the said claims.

The remaining 55.4 percent of claims filed during that time span (570) alleged sexual abuse—“engaging in a sexual act with an inmate by threat or force”— and alleged sexual abuse of a ward—“engaging in a sexual act with an inmate”— on the part of prison guards and staff.

Continue reading "Former South Florida Prison Guard Pleads Guilty to Sexual Abuse of Inmate at Miami FCI" »

Miami, FL December 27, 2011 - A November 21th, 2011 jury verdict, awarding $1,050,000 to a 30-year-old Florida man savagely beaten at a popular Miami nightclub, wasn’t just a victory for the plaintiff and his injury lawyers at Miami’s Gerson & Schwartz. It was also a wake-up call that nightclub security measures need to move into the 21st century, says the firm’s senior partner, Philip M. Gerson -- especially with the holiday season upon us.

“The holidays are a time for celebration and leisure, and many people in Florida and elsewhere will be heading to clubs and other establishments, expecting not only to have a good time but to be safe,” says Gerson, a veteran trial lawyer and advocate for crime victims’ rights. “Unfortunately, too many nightclubs are dropping the ball on security, relying on antiquated methods like the use of poorly trained bouncers. Our case, involving one of Miami’s best known, trendiest clubs, shows that even A-list venues can have D-list security. It’s time to change that.”

In the November case – David Millian v. Penrod Brothers Inc., D/B/A NIKKI BEACH Club -- Gerson’s client had been attacked and severely injured at Club Nikki in South Beach. Nikki Beach Club and is a well known South Beach hot spot located on an oceanfront complex featuring an upstairs dance club and downstairs beach club and lounge with cabanas, lounge beds, and two restaurants. Punched in the face by a fellow patron who was holding a glass, the victim suffered deep facial lacerations that required reconstructive surgery -- leaving him with significant scarring. During the nearly two-week trial, Gerson successfully argued that the club’s security was woefully inadequate. Indeed, the attack occurred in what should have been the most protected spot in the establishment, a small area near the restrooms and front entrance.

Nor was this an isolated event. Last summer, Gerson & Schwartz obtained another million-dollar award in a security-related case, this time for the family of a victim who wasn’t as fortunate. In Roger Hall Sr. as Personal Representative of the Estate of Roger Hall et al., v. Royal Palm Park West, LLC., et al Case No: 0615038 CA-10 Miami Dade Circuit Court. The decedent, Roger Hall Jr., a star high school quarterback was stabbed to death at a large Miami nightclub in the well known Park West night club district in Miami, Florida leaving a 2-year-old son. While the crime has not yet been solved, a Florida jury ordered that the property owner must pay $1.7 million in damages.

“Ever since 9/11, Americans know that security isn’t about an old man asleep on a stool in a bank or grocery store,” says Gerson, who has represented injury and crime victims for more than 40 years. “Nor should it be a poorly trained bouncer in a club. Security is a science and there needs to be a professional approach. Everyone knows that mixing alcohol and testosterone can be a recipe for confrontation. People have a legal right to be safe from violence whenever they are in a public space. That means property owners and club operators have to undertake precautions commensurate with the inherent risks they foster to earn money.”

Such precautions, the veteran injury lawyer says, should include proactive security, where properly trained and supervised personnel carry out careful admission procedures, weapons checks (requiring, in many clubs, metal detectors or pat downs), stringent enforcement of lawful age statutes, and careful observation of customer behavior -- identifying those who show signs of intoxication or substance abuse.

“Management of aggressive behaviors, or MOAB, is now an accepted part of security science in public places drawing large crowds,” says Gerson, who also serves as a board member of the National Center for Victims of Crime, the nation's leading resource and advocacy organization for crime victims. “Protective interventions before potentially dangerous customers lash out are key. This could consist of a warning to friends or even a paid taxi ride home. It’s a small price for a nightclub to pay to prevent a disaster on its property -- and to prevent great harm to innocent people inside or outside the club.”

Security and safety, Gerson notes, is everyone’s business and requires attention, focus, and effective, well-crafted procedures. “Keeping revelers safe,” says the injury lawyer, “is one New Year’s resolution that needs to begin before we ring in 2012.”

Continue reading "Million-Dollar Verdict Highlights Need for Improved Nightclub Security, Says Miami Injury Lawyer Philip M. Gerson" »

Miami, FL December 19, 2011 - The arrest of former Penn State assistant football coach Jerry Sandusky on more than 40 counts of child sexual abuse -- involving 10 alleged victims -- hasn’t just sent shockwaves through the country, but provided a wake-up call, says Miami injury lawyer and crime victim advocate Philip M. Gerson. Indeed, says the senior partner of Gerson & Schwartz, the Penn State case highlights how woefully ineffective and inconsistent reporting requirements for suspected child sex crimes are -- and how both legislation and cooperation between the public and the police need to be improved.

“Child sex abuse is horrific in all cases, but what is striking about the Sandusky allegations is that there seemed to be a number of people who knew what was going on, or at least had good reason to suspect criminal behavior, yet may not have promptly reported that activity to police,” says Gerson, a veteran trial lawyer who has represented injury and sex abuse victims for more than 40 years. “Unfortunately, while we like to think that people will do the right thing in cases like this, they don’t always do so. And that makes reporting requirements, with very real penalties for not reporting, essential.”

While many states do require citizens to report suspected abuse, there is currently no uniform standard, and the details on who must make a report, and when they must do so, can vary greatly from one jurisdiction to another. “In Florida, if a child is brought into a hospital emergency room and there are injuries consistent with possible abuse, medical staff have a statutory duty to report that to authorities,” says Gerson. “Yet a neighbor who sees something doesn’t have a duty to report. In New Jersey, on the other hand, a neighbor is required to report what he or she saw. Having different rules in different states not only complicates and confuses things, but it ultimately means that many cases of abuse continue unhindered. And children that have already been harmed are harmed more -- and worse.”

Gerson, a board member of the National Center for Victims of Crime, the nation's leading resource and advocacy organization for crime victims, is calling for a nationwide, uniform standard for reporting -- with criminal penalties for those who fail in their duty. But he’s not stopping there.

“A uniform standard is important, but it’s just the first step,” the Miami injury lawyer says. “What we really need is greater cooperation between the public and the police, much like what we saw after 9/11, when ordinary citizens would see a suspicious package on a bus or train and alert law enforcement. No law can create this sort of collaborative environment, but as cases like Penn State get attention and scrutiny, the public is going to say ‘enough.’ They’re going to come together and fight back -- it’s the one hopeful sign in an utterly horrific situation.”

With more reporting, says Gerson, serial abuse could be stopped in its tracks. “One constant in the 42 years I have been representing crime victims is that predators don’t just stop being predators. Many of these cases involve multiple victims. By the time I get involved, the abuse has already happened for them. I’m reaching out to lawmakers because I want them to take the steps that can prevent these crimes, to make sure police are able to take action as soon as possible, before there are dozens of victims.”

Uniform reporting requirements are just one way in which legislatures can spur justice along. Gerson is also calling for the elimination of statutes of limitations in child sex abuse cases -- a call echoed by the National Center for Victims of Crime and a growing number of state legislators. These statutes, which limit the amount of time in which civil and criminal cases can be brought, have hindered legal action in instances where abuse went unreported for many years.

“These cases aren’t the same as someone stealing your iPod, where you think nothing of reporting the crime,” says Gerson. “Sexual abuse is traumatic, and many victims are simply unable to talk about it for a very long time. When they can, they should be able to seek justice, and hold their abusers accountable. The law needs to facilitate that -- not prohibit it.”

Continue reading "Penn State Case Highlights Need for Reporting Requirements, Greater Public Cooperation When Child Sex Crimes Suspected, Says Miami Injury Lawyer Philip M. Gerson" »

MIAMI, FL—Prosecutors found two South Florida men— including an ex-Miami Beach police officer who posed as a talent scout as a means of luring aspiring female models to travel to Miami for purported auditions— guilty of videotaping the rapes of at least nine drugged women and subsequently selling the pornographic footage to various adult film websites and businesses. According to a press release by the United States Attorney's Office, Southern District of Florida, as well as reports by the Sun Sentinel, former Miami Beach cop Lavont Flanders Jr. and his partner in crime, Emerson "Jah-T" Callum were convicted of a combined 32 counts of distribution of Xanax, conspiracy and human trafficking, some of which dated back to May 2006.

Seven of the nine known rape victims, whom live in different parts of the nation and traveled to South Florida at the time of their attacks, testified in the case. Those women all claimed they were initially “contacted online by a female model.” That model happened to be Flanders. According to the press release, “In this way, Flanders contacted the victims about purported modeling auditions in Miami. After the victims provided their phone numbers, they would receive a call from a purported modeling scout - again, defendant Flanders - who claimed to represent large, multi-national companies, like Bacardi, Sony, or Paramount Pictures. Flanders told the victims that he liked their "look" and offered them a supposed role in an audition in Miami.”

Upon meeting with the aspiring models who agreed to take part in the phony auditions, Flanders informed them that they would be trying out for a part in a commercial for alcoholic beverages. Little did they know that the drinks they were told to “promote” for the so-called audition were spiked with benzodiazepines—a date rape drug. “Once the drugs had taken effect, Flanders drove the victims to Callum, who had sex with the victims while Flanders filmed them. Flanders and Callum then edited, produced, and sold the footage of the sex acts over the Internet and to pornography stores and businesses across the country,” the press release went on to explain.

Lavont Flanders Jr., a 40-year-old Miami Gardens man, was convicted of 18 of the 32 counts in the indictment. Five of those 18 counts were related to the distribution of the benzodiazepine, Xanax. Flanders was also found guilty of “enticing and conspiring to entice the women to South Florida, knowing that fraud would be used to cause the women to engage in commercial sex acts,” according to the press release.

While Emerson Callum, Flanders' 45-year-old accomplice from Miami, was also convicted of “enticing and conspiring to entice the women to South Florida, knowing that fraud would be used to cause the women to engage in commercial sex acts,” he did not face any counts related to the distribution of Xanax. Both Flanders and Callum face potential life sentences and are scheduled to be sentenced in the case on Feb. 16.

According to past NBC Miami reports, one of the rape victims filed a sexual assault lawsuit naming not only Flanders and Callum, but BlackPlanet.com—
the social networking website that put her in contact with them— as defendants. Flanders and Callum were arrested on Aug. 17, following an FBI raid in which agents confiscated multiple boxes of porn DVDs, as well as other pieces of unspecified evidence in the case.

Continue reading "Two South Florida Men Found Guilty of Videotaping Rapes for Porn Could Face Potential Life Sentences" »

MIAMI, FL—A plea deal was reached in the case of an ex-University of Miami football player originally charged with sexual battery in the alleged campus rape of an unidentified female, NBC Miami reported. A defense attorney on the case told reporters his client will plead guilty to a false imprisonment charge and serve a 3-year probation sentence under the said plea agreement.

According to information provided, 19-year-old former UM football player Jeffrey Brown, of Illinois, was accused of raping a sleeping (and intoxicated) woman in April 2011. Coral Gables police reports suggested the unidentified victim was drunk and went to Brown’s dorm room to ask if she could use the restroom. That woman ended up vomiting and passing out on the floor of the restroom before Brown brought her back to her friend’s dorm.

Brown ultimately went back to his own dorm after dropping the woman off at her friend’s dorm, but decided to return in the middle of the night. According to arrest reports, “As the victim was sleeping, [Brown] pulled off the victims blanket and got on top of her…He then removed the victims underwear.”  Authorities contended that although the woman eventually woke up and ordered Brown to stop having sex with her, but to no avail.

Upon being interrogated by police in connection with the alleged campus sexual assault, Brown initially contested the allegations. It was only after Coral Gables Police detectives stumbled upon an incriminating text message conversation between Brown and one of his friends—in which the accused former UM football player asked his unidentified friend to dispose of his underwear— that he confessed to having sexual intercourse with the complainant.

Brown, whom was a freshman when the rape allegations surfaced, has since been kicked off the Miami Hurricanes.

Continue reading "Ex-UM Football Player Agrees to Plea Deal, Dodges Prison Sentence in Apparent Dorm Room Rape Case" »

MIAMI, FL— November 9, 2011 - Officials from the Coral Gables Police Department (CGPD) arrested and charged a University of Miami student from China in connection with the alleged sexual assault of multiple female students who were sleeping in their college dorms at the time. According to information provided by the Miami Herald, the accused UM student, who is currently facing two counts of burglary with assault or battery, is being detained at the Miami-Dade’s Pre-Trial Detention Center without bail.

Reports suggested 21-year-old Jiahoao Yuan unlawfully entered two unlocked dorm rooms within the Mahoney Residential College Dorm around the 6am hour on Nov. 6. Once inside the first dorm room, Yuan allegedly went on to “inappropriately” touch a sleeping female UM student.

That unidentified victim woke up during the apparent sex assault, prompting Yuan to run into a second dormitory. It appears as if Yuan fled the scene after seemingly sexually assaulting another female student. The alleged sexual assault victims called 911 immediately after the dorm intrusions occurred.

According to a Coral Gables Police spokesperson, Yuan was identified as the culprit after detectives examined surveillance footage taken at the Mahoney Residential College dorm, which is located at 1101 Stanford Drive in Miami-Dade County. Following Yuan’s 12:30 p.m. arrest, he reportedly gave a full confession in the University of Miami dorm room assault case.

Continue reading "University of Miami Student Gives Full Confession in College Dorm Room Sexual Assault Case" »

MIAMI, FL—November 8, 2011 - A South Florida day care worker accused of child abuse and neglect in a pending civil lawsuit confessed to those allegations during a recent disposition, according to information provided by NBC Miami. A female J. Ruiz Learning Center employee, whom is being referred to as “Miss Emma” in the pending lawsuit, was questioned as to whether or not she had ever struck a child on the job and ultimately answered, “yes.”

Surveillance footage also showed the Miami-Dade day care employee standing by as a fight between several children ultimately ended with a 5-year-old girl having one of her braids yanked violently from her head. Upon being asked about her apparent failure to intervene, the accused day care employee contended, “They were just playing. They were just playing.”

Trina Jackson, the 5-year-old girl’s mother, filed a civil lawsuit against the Hialeah day care center, claiming both child neglect and abuse on the part of “Miss Emma.” J. Ruiz Learning Center is situated at 4111 Northwest 22nd Avenue.

Also deposed in the child abuse case was Jose Ruiz, who strongly insisted that no children have ever been subjected to abuse at the children’s learning center. When the plaintiff’s attorney asked Ruiz whether the day care worker’s actions would result in the termination of her employment, he apparently responded, "She was under a lot of pressure. She was questioned for hours. I didn't see enough of the clip. I have to see more before I make a determination."

Although no criminal charges have been filed against “Miss Emma,” reports indicated the Florida Department of Children and Families (DCF) fined the Hialeah day care upon completing a probe into the said child abuse allegations.

Denise Hodge, whose three children used to be enrolled at the day care center, also filed a lawsuit related to the case. Hodge reportedly got a job at J. Ruiz Learning Center, as to better understand the complaints her children were making about “Miss Emma.” Hodge contended, “She [“Miss Emma”] would let little kids fight each other… She'd even hit the little kids if they didn't listen to her."

When Hodge went on to report what she’d witnessed to Jose Ruiz, she faced backlash for doing so. Hodge claims she was fired for unjustified reasons the following day. Her lawsuit not only seeks $15,000 in damages, but also aims to have officials close down the facility for good and prohibit “Miss Emma” from attaining employment within the child care industry in the future. Hodge also seeks the introduction of legislation that would require all day care centers make an ongoing stream live surveillance footage available to parents who want to check up on their kids.

Continue reading "Hialeah Day Care Worker Being Sued For Child Abuse, Neglect Confesses to Allegations" »

MIAMI, FL— November 7, 2011 - A lawsuit alleging sexual assault and other defilements is pending against Morton’s Steakhouse in Boca Raton, NBC Miami reported. The ex-Morton’s chef being represented in the lawsuit not only accused some of his former coworkers of sexually assaulting him on the job, but also claimed management witnessed and allowed a chef to place vegetables in his underwear before serving the potentially soiled food to customers.

According to a civil lawsuit filed in Palm Beach County on Oct. 3, plaintiff Reggie Williams claimed Morton’s Steakhouse management witnessed Morton’s kitchen staff members verbally and physically abuse other employees at the Boca Raton restaurant on several occasions, though nothing was done to stop the harassment.

For instance, the lawsuit alleges former employee Edmond Bleus would not only verbally abuse the men he worked with, he would try to kiss and grab their genitals as well. Bleus is also accused of sticking stalks of asparagus in his pants to make it seem like he had an erection and then serving that asparagus to unwary customers.

The suit contended Morton’s Steakhouse management stood by and observed the heinous acts, but never reported them or attempted to stop them from continuing.

Williams quit his job as a chef after Bleus followed him into the restaurant’s cooler and allegedly sexually assaulted him. The lawsuit claims Bleus undressed himself from the waste down before seemingly attempting to rape the plaintiff.

Although Chicago-based Morton’s Steakhouse would not comment on the case, spokesman Roger Drake stated, “Morton's is firmly committed to providing a safe and harassment free environment for all of its employees and patrons. In the event that any Morton's employee acts contrary to our policies, Morton's takes immediate and appropriate steps to rectify the situation. Morton's also adheres to the highest industry standards in regard to food safety and food service.”

The South Florida sexual assault case is underway.

* The Miami personal injury law firm of Gerson & Schwartz, P.A. has no affiliation with the case above.

Continue reading "Former Boca Raton Chef Sexually Assaulted Fellow Chef, Put Veggies In Pants Before Serving Them to Customers" »

MIAMI, FL—October 27, 2011 - A former Miami Beach Police officer and his friend are being sued in connection with the alleged drugging and raping of an aspiring model, who uploaded modeling photos on a social networking website in hopes that she would be contacted by talent/modeling agencies. According to NBC Miami, the rape victim claims the ex-cop posed as a talent agent and persuaded her to come to South Florida for an audition via BlackPlanet.com, which is also being named as a defendant in the pending sexual assault lawsuit.

Reports indicated 40-year-old Lavont Flanders, a former MBPD officer, and his friend, 45-year-old Emerson Callum were charged with 22 counts of human trafficking on August 17. During an FBI raid, agents reportedly confiscated multiple boxes of porn DVDs, as well as other pieces of unspecified evidence in the case. Flanders and Callum’s criminal trial is set to begin in November.

According to federal prosecutors, Flanders, who was employed by the Miami Beach Police Department between 1995 and 1997, pretended to be a talent scout and modeling agent as a means of enticing women to come to South Florida to “audition” for a nonexistent agency since 2006.

Reports state Flanders would allegedly put drugs in the women’s drinks and then film Callum, the president of pornography company Miami Vibes, rape the women. Those porn films were subsequently sold for profit through online retailers, as well as at local adult film stores. It was not clear how many sexual assault victims there were in all.

The pending rape lawsuit against Flanders, Callum and social networking site BlackPlanet.com was filed on Oct. 24 and seeks unspecified damages.

Continue reading "Lawsuit: Ex-Miami Beach Cop Posed As Talent Scout, Drugged Aspiring Model Before Filming His Friend Rape Her" »

MIAMI, FL— October 26, 2011 - Following the Oct. 12 arrest of a Kissimmee nurse accused of sexually assaulting two patients at Osceola Regional Medical Center this year, local authorities announced that they have not yet ruled out the potential for additional victims in cities where the male nurse (and former Air Force Nurse Corps captain) worked in the past, the Orlando Sentinel reported.

Shean Michael Galvin, the accused male nurse, received national recognition in 2003 when he directed the medical evacuation of a recovered U.S. prisoner of war. Upon being rescued by U.S. Special Operations Forces personnel, Army Pfc. Jessica Lynch was reportedly medevac’d from Iraq—where she was injured and subsequently held captive by Iraqi forces—to a German hospital for treatment.

Galvin was arrested on two counts of sexual battery in connection with the alleged sexual assault of two patients at Kissimmee-based Osceola Regional Medical Center this year. Furthermore, police reports suggested rape allegations brought by a patient at Clermont-based South Lake Hospital prompted an inquiry by the Florida Board of Nursing in Oct. 2007.

Employed by South Lake Hospital between 2005 and 2007, Galvin apparently told that particular patient he could administer the injections she normally received for migraine headaches at her home, as opposed to in the ER. A nursing inquiry revealed that on Oct. 3, 2007, Galvin signed out three vials of the drug Dilaudid. That was the same day the woman claimed Galvin came to her home under the premise that “he would give her the shots of medicines” in exchange for “sexual favors.”

The woman in that case told police that not only did she take a bath and wash the majority of her clothes following the alleged assault; humiliation deterred her from reporting the incident until 12 days later. Given that there had been "destruction of possible evidence by the victim" and Galvin maintained he only went to the woman’s house to show her how to properly administer her own injections, he was not arraigned in that case.

He did however have his nursing license suspended due to the fact that he had no authorization to sign out the said vials of Dilaudid. He was also placed on probation for that offence.

In the 2011 cases, one Osceola Regional patient claimed she was forced to perform an explicit sexual act on Galvin during her stay at the hospital. Another victim claimed the male nurse administered her injections and then went on to inappropriately touch her.

According to Capt. Warren Shepard of the Kissimmee Police Department, “We are working on a timeline and plan to release it as soon as possible. We're hoping to alert these communities there was a predator in their area who may have harmed people in his care… People are most vulnerable when they go to an emergency room and trust the people who are there are looking out for their best interests. This person obviously wasn't.”

Although Galvin posted bond and has since been released from jail, he was also suspended from Osceola Regional Medical Center, which is expected to conduct its own investigation into the sexual assault allegations. The Florida Department of Health will also be investigating the sexual battery case.

Reports noted that while Galvin was serving overseas as an Air Force Reserves captain in 2003, he was a nurse under the employment of Reno-based Washoe Medical Center. In the past, Galvin was employed as a nurse in Nevada as well.

Continue reading "Miami Injury Lawyer News: Kissimmee Nurse Charged With Sexual Battery of 2 Osceola Regional Medical Center Patients" »

MIAMI, FL— October 20, 2011 - A woman who was raped by an ex-Miami Police officer in March 2007 and went on to file a lawsuit against the city is expected to receive a settlement payment of $500,000, following the unanimous approval of city commissioners. According to information provided by the Miami Herald, the plaintiff, who was employed as a South Beach waitress at the time of her attack, sued on the grounds that the Miami Police Department hired Michael Ragusa “despite the obvious red flags concerning his qualifications to be a police officer.”

Upon filing an application with the MPD, not only did Michael Ragusa admit to stealing money from a restaurant that he employed him in the past, he confessed to soliciting prostitutes and paying strippers to have sex with him, according to the lawsuit. Ragusa, who was once a boxer and weightlifter, also allegedly confessed to having a short temper.

The lawsuit further claims that while six addition police departments and agencies denied him a job, the Miami Police Dept. “engaged in only the most cursory scrutiny of his background history” and went on to hire him in March 2004.

In March 2007, Ragusa went on a rape binge of sorts. In a matter of weeks, the ex-cop sexually assaulted three women, including the unidentified plaintiff who was en route to her home from a Miami Beach bus stop when she was raped. Although Ragusa’s last rape victim convinced him she had an STD so he wouldn’t rape her, the uniformed police officer went on to demand that she give him her phone number nonetheless.

The third victim seemingly contacted Miami Beach Police officials upon receiving a text message from her. He was apprehended on multiple rape charges in March 2007. The following year, he pleaded guilty to various felony charges of that nature was sentenced to 10 years in prison. When Ragusa is released from prison, he will be regarded as a “sexual predator” and spend an additional 10 years on probation.

Continue reading "Miami City Commission Approves $500,000 Settlement for Woman Raped by Former MPD Officer" »

MIAMI, FL— October 13, 2011 - Authorities from the Broward Sheriff’s Office (BSO) on Oct. 11 arrested and charged a former youth counselor after a teenage boy reported being assaulted, both physically and sexually, by him. According to information provided by NBC Miami, 44-year-old Raphael Castillo, who is being currently being detained in lieu of $20,000 bail, faces four counts of sexual assault and battery.

In a sworn statement on Oct. 11, the unidentified 17-year-old victim gave a detailed account of the explicit sexual advances and encounters involving his court-ordered youth counselor Raphael Castillo. At the time of the alleged assaults, Castillo worked at a Plantation-based non-profit organization that helps troubled adolescents and young adults. According to the non-profit behavioral health agency’s website, The Starting Place “provides therapeutic prevention, intervention programs, and rehabilitative and educational counseling for adolescents and their families in Broward County.”

Castillo was accused of engaging in conversations of a sexually explicit nature with the minor, as well as touching him inappropriately and ultimately having sex with him on Sept. 21 and Oct. 10, respectively. Both of those incidents seemed to have occurred after the alleged sexual assault victim had already completed the court-ordered counseling program. Reports stated that in the Oct. 10 incident, which took place in Castillo’s car, the former counselor had sexual intercourse with the teen in a Hollywood alleyway.

Castillo admitted to having sex with the 17-year-old and is being currently being detained on $20,000 bail. As investigations into the South Florida sexual assault case are ongoing, The Starting Place CEO Joel Kaufman maintained, “Our uppermost concern is for the client and his family and doing whatever we can to make sure they are receiving the assistance they need as they move through this process… If any parts of the allegations prove to be true, the actions would have been those of a rogue employee acting outside the normal course and scope of his employment and in a criminal manner."

Continue reading "Broward County Teen Sexually Assaulted, Battered by Court-Appointed Youth Counselor; Charges Pending" »

MIAMI, FL— October 7, 2011 - A 16-year-old Tampa boy is facing sexual battery charges after a teenage girl reported having been raped by him in one of their high school’s bathrooms. Officials from the Tampa Police Department continue to investigate the alleged sexual attack, which occurred at Chamberlain High School on the morning of Oct. 3, as reported by WESH.

According to Laura McElroy, a Tampa PD spokeswoman, an unidentified 16-year-old girl told Chamberlain High School’s resource officer that a male student followed her down an empty hallway before shoving her into a bathroom and raping her on school property. The young victim claimed that the boy returned to class following the sexual assault, which occurred in close proximity to the school’s gym.

Although the teenage boy initially claimed he never touched the alleged rape victim, McElroy noted that the suspect’s story did not remain the same. Both of the suspect’s stories were said to be “inconsistent” with the victim’s version of what happened. The suspect’s assertions also appeared to contradict findings from the girl’s post-assault physical exam.

While the Tampa Police arrested the young rape suspect and charged him with sexual battery, investigations into the alleged high school rape case are ongoing.

Continue reading "Tampa Boy, 16, Arrested in Connection With Alleged High School Rape Case" »

MIAMI, FL—October 6, 2011 - A former Bethune-Cookman University (BC-U) woman’s basketball player filed a lawsuit against the private Daytona Beach university, claiming the student, a freshman at the time, was raped by several members of the men’s basketball team. Pending litigation accuses the school of having insufficient campus security and failing to avert “the distribution of alcohol to minors,” the Daytona Beach News-Journal reported.

According to information provided, the 18-year-old plaintiff, who remained unidentified, reported being gang-raped in a vehicle owned by former Bethune-Cookman University basketball player C.J. Reed. The suit contends that on Dec. 5, 2010, Reed plied the underage woman with alcoholic beverages "in his white Mercedes-Benz while on the campus of Bethune-Cookman University.”

The plaintiff alleges that upon taking a couple sips of the drink, she “became incapacitated” and proceed to pass “in and out of consciousness in the back seat of his car." She further claimed that Reed went on to pick up three unidentified BC-U basketball players, who raped her that night. It was not clear if the plaintiff underwent a medical examination to determine whether she’d been given the date rape drug prior to the alleged sex attack.

Although the lawsuit claims Reed was involved in the sexual attack, he has not faced any criminal charges, nor is he currently under investigation for the alleged gang rape. According to Daytona Beach Police Department (DBPD) Chief Mike Chitwood, although the alleged rape victim reported the attack, the accuser’s lack of a desire to take part in the investigation spurred police to suspend the probe.

While Bethune-Cookman University spokeswoman Meredith Rodriguez told reporters that the private university is indeed aware of the lawsuit, she would not comment on the pending litigation.

Continue reading "Bethune-Cookman University Faces Lawsuit Over Alleged Gang Rape on Campus" »

MIAMI, FL—August 30, 2011 - Authorities from the St. Johns County Sheriff’s Office (SJSO) are searching for the suspect involved in a recent armed robbery that took place at the St. Augustine Premium Outlets mall. The shopping mall attack occurred at approximately 2:30 p.m. on August 28, as reported by News4Jax.

According to the unidentified 40-year-old crime victim, a robber attempted to steal his wallet as he was drying his hands in one of the outlet mall’s restrooms. A physical fight reportedly broke out before the robber retrieved a firearm from his waistband and held it up to the victim’s head, allegedly stating, “I will (expletive) kill you and your kids outside." The robbery victim then surrendered his wallet and the thief fled the scene with another unidentified man, who appeared to have been an accomplice in the mugging.

Speaking with St. Johns County investigators, the victim described the armed robbery suspect as an approximately 250-pound black man in his 40s. The robbery suspect, who was also said to be around 6 feet tall, apparently had short length hair and no facial hair. Authorities have released a composite sketch of the robber to the public and urge any witnesses or individuals with information concerning the mall robbery to contact Crime Stoppers at 888-277-TIPS.

The apparent robbery accomplice was described as an approximately 160-pound black man who appeared to be just over 6 feet tall. That suspect also had short length hair and no facial hair at the time. The Florida armed robbery victim told detectives that the suspect’s weapon appeared to be a black 9 mm semiautomatic Beretta handgun.

It was not clear if the offender left the mall by foot or by car, nor did reports mention if there was any surveillance footage of the suspect. Investigations into the case of armed theft were expected to be underway.

Continue reading "Miami Negligent Security Lawyer News: Man Robbed at Gunpoint Inside St. Augustine Premium Outlets Mall Restroom" »

MIAMI, FL—August 17, 2011 - In analyzing U.S. Department of Education data concerning crime on college campuses during the year 2009, ABC Action News I-Team reporters found that the rate of forced sexual encounters at Florida State University (FSU) was twice as high as both Tallahassee-based Florida A&M University and Winter Park-based Rolllins College, which had the next highest rates of on-campus sexual assaults within the state.

According to reports, although FSU authorities made self-defense classes available to all female students interested in taking them since 1996, there were 10 cases of sexual assault reported on campus in 2009. The classes are reportedly offered through the university’s “rape aggression defense” program.

Terming college campus rape and sexual assault a “silent epidemic,” the U.S. Department of Justice estimated that the majority (as many as 95 percent) of forcible sex offenses are not reported to officials. Furthermore, it is estimated that about 25 percent of female students are subjected to an unwanted sexual encounter at some point during their college career.

Additionally, data posted on the American Association of University Women (AAUW) website stated that nearly half (40 percent) of sexual assault and rape victims unfortunately develop sexually transmitted diseases (STD), while just about as many seek mental health treatment following their attacks.

Continue reading "Miami Sexual Assault Lawyer News: FSU Has State’s Highest Rate of Forcible Sex Crimes on Campus" »

MIAMI, FL—August 8, 2011 - A lawsuit seeking damages in excess of $5 million was filed in L.A. County Superior Court on behalf of a woman who once worked as a receptionist for renowned automotive designer Carroll Shelby. The legendary car-maker, best known for designing the Ford Mustang Cobra, is being accused of sexually assaulting his former employee and failing to take any “corrective action” after she reported being raped by another one of his employees at his own home, as reported by TMZ.

According to information provided, Angelica Smith was hired as a receptionist for the famed automaker in 2005, but claims she was practically regarded as a “personal servant.” Smith contended her job duties often included “grocery runs, liquor runs, pornography runs."

Not only does the sexual assault lawsuit claim “on at least one occasion, Shelby himself sexually battered [Smith] by groping her," it also accuses the car designer of disregarding her allegations that another one his workers “drugged and raped” her. Both sexual attacks allegedly occurred within the confines of Shelby’s home.

Furthermore, the suit alleges that Smith’s employment was terminated after she reported the alleged rape to her employer. Defendants named in the pending lawsuit included Carroll Shelby, the companies he owns and the unidentified employee who allegedly raped her in Dec. 2010. The sex assault case is underway.

Continue reading "Miami Rape Victim News: Ex-Employee Files Sexual Assault Lawsuit Against Carmaker Shelby Howard" »

MIAMI, FL— July 21, 2011 - A California man employed as a masseur at a Seal Beach spa faces three felony charges after three women accused him of sexually assaulting them during massage treatments. According to information provided by the Los Angeles Times, the Orange County DA Office urged any additional sexual assault victims to come forth and report their cases to authorities.

Officials from the Orange County district attorney’s office recently charged Jason Michael Elliott, a 28-year-old Sunset Beach masseur, with “three felony counts of assault with the intent to commit a sexual offense.”

Although the first victim reported her case to the Seal Beach Police Department in Nov. 2009, Elliot apparently worked as a masseur at the Seal Beach-based Massage Envy spa between August 2009 and April 2010. Prosecutors stated that the Orange County masseur was fired after his employers were informed of the sexual assault accusations pending against him.

Prosecutors also told reporters from the Huntington Beach Independent that an investigation into the first alleged sexual attack appeared to connect Elliot to two additional workplace assaults.

Reports suggested that although the accused masseur managed to post $100,000 bail, he could face up to eight years and eight months in prison if convicted of the offenses. The sexual assault case is underway.

National Institute of Justice & Centers for Disease Control & Prevention statistics suggested 17.7 million American women (1 out of every 6 females in the U.S.) have been victims of attempted or completed rape.

According statistics posted on the website for the Florida Council Against Sexual Violence (FCASV), a total of 11,214 sexual assaults were reported statewide during the year 2007. Forcible sex offences resulted in 3,064 Florida arrests that year.

Continue reading "Miami Sexual Assault News: Orange County Masseur Accused of Sexually Assaulting 3 Women at Spa" »

MIAMI, FL— June 20, 2011 - A North Florida woman who claimed she was sexually assaulted by a massage therapist at a Miami spa, who was already being investigated for the alleged sexual assault of two other women, filed a lawsuit against the resort on June 16, 2011. According to information provided by NBC Miami, the accused spa worker was arrested in both February and May after two additional customers claimed to have been sexually assaulted by him while undergoing massages.

Lynn Scruggs, who contended she was groped by a message therapist at Doral Golf Resort and Spa in September 2010, brought on the most recent sexual assault lawsuit. According to the civil suit, 27-year-old spa employee David Munoz was giving Scruggs a body scrub in a private room when he touched her inappropriately.  

The lawsuit names Doral Golf Resort and Spa on the basis that the spa allowed Munoz to continue massaging women even though he was being investigated for alleged assaults on two other female customers. When Miami-Dade police officials arrested the spa employee in February, he reportedly told them that he “lost his head” while massaging some women.

The lawsuit alleges that after Munoz touched Scruggs inappropriately, he apologized and pressed her to keep the incident to herself. Though the alleged sexual assault victim has yet to file a criminal complaint against Munoz, her lawsuit against the Doral spa is underway. Reports did not provide details into any of the other four lawsuits pending against the Miami resort.

According to statistics provided by the National Institute of Justice & Centers for Disease Control & Prevention, 17.7 million American women (1 out of every 6 American women) have been victims of attempted or completed rape.

Continue reading "Sexual Assault Allegations Spark 5th Lawsuit Against Miami Spa" »

MIAMI, FL— June 14, 2011 - A recent investigation by the Government Accountability Office (GAO) found that a significant portion of the almost 300 alleged sexual assault reports received by U.S. Department of Veterans Affairs Police between January 2007 and July 2010 were not relayed to the VA Inspector General's Office. Veterans Affairs policies mandate that all rape reports be passed on to the chain of command and the VA inspector general, the Washington Post explained.

Over a span of approximately three years,  VA police officials received a total of 284 reports of alleged sexual assaults at nationwide veterans hospitals and facilities. The alleged assaults were described as "suspected, alleged, attempted, or confirmed cases of sexual assault.”

Among those reports, there were 67 cases of alleged rape and 185 cases of alleged groping. Furthermore, there were eight cases alleging “forceful” medical exams and 24 cases claiming miscellaneous forms of sexual assault.

Of those 67 alleged rape cases, only about one third were reported to the VA Inspector General's Office, as mandated by Veterans Affairs regulations. Reports noted that many of the sexual assault allegations have yet to be formally proven.

The GAO report also suggested that the level of “physical” security being upheld at many VA facilities was of a substandard nature. The investigation found that many facilities had defective alarm systems and an insufficient number of VA police officers on hand. The probe also revealed that some facilities failed to examine surveillance footage in an efficient manor.

The House Committee on Veterans’ Affairs, which requested that the GAO conduct the VA audit, was expected to discuss the security issues and the apparent trend of under-reporting next week. According to the committee’s chairman, Rep. Jeff Miller (R-Fla.), “When I first read this report, I was aghast… It reminded me of a 1950s prison system — lawlessness, lack of security and reporting, and outright disregard for human dignity.”

Additionally, Rep. Ann Marie Buerkle (R-N.Y.), chairman of the committee’s health division, contended, “The VA failed to protect patients and staff because it did not take the system-wide allegations seriously enough to actually address them.”

Continue reading "GAO Probe Reveals Staggering Trend of Underreporting Sexual Assaults At VA Facilities" »

MIAMI, FL— June 8, 2011 - “Not guilty,” pleaded former International Monetary Fund Chief Dominique Strauss-Kahn, who was accused of sexually assaulting a chambermaid at Manhattan’s Sofitel hotel last month. Before the French politician could even set foot inside the NYC courtroom on June 6, so he could plead not guilty to sexual assault and attempted rape charges, he was greeted by a fuming mob of hotel employees. New York Daily News reports suggested their message was simple and to the point: “Shame on you.”

The former head of the IMF was placed on house arrest, with his bail set to $6 million, after a housekeeper at the Sofitel hotel claimed Strauss-Kahn forcefully removed her clothing before making her “perform oral sex and submit to anal sex.”

While defense attorneys on the case are expected to argue that the episode was consensual, those representing the alleged sexual assault victim, who has remained both unidentified and unseen thus far, maintained that his client had no intention of dropping the charges or settling with the defendant.

Additionally, a recent Newsweek report shed light on a luxury hotel industry in which the need to fulfill the desires of rich and powerful guests has the potential to surpass the need to ensure that employees are not subject to harassment or sexual assault.

According to the Miami sexual assault attorneys of Gerson and Schwartz, many hotels are reluctant to report occurrences that could be viewed as sexual harassment or assault due to the fact that the cases will likely result in negative press. 

Even an unidentified security supervisor at one of Las Vegas’ major hotels told reporters, “We are not police. We are not looking to call something a crime. Unless someone wants to press charges, we try not to call Metro.”

Furthermore, although panic buttons could help protect hotel employees from potentially dangerous guests, the question remains: Are hotel security officers trained to react and respond in an appropriate and timely fashion?

Though a trial date for the Strauss-Kahn sexual assault case has yet to be set, the case is ongoing.

Continue reading "Former IMF Chief Strauss-Kahn Pleads Not Guilty to Sexual Assault, Attempted Rape Charges" »

MIAMI, FL—June 06, 2011 - Citing recent cases of sexual assaults on hotel maids, two New York City hotels have decided to offer their housekeepers panic buttons as a means of protecting them from potentially violent guests. According to Reuters, the Manhattan-based Sofitel hotel, where International Monetary Fund (IMF) Chief Dominique Strauss-Kahn allegedly sexually assaulted a chambermaid during his stay, and The Pierre hotel, where the former chairman of one of Egypt’s main banks, Mahmoud Abdel-Salam Omar attempted to rape a housekeeper, plan to give their employees panic buttons so they have the ability to contact hotel security if they find themselves in danger.

Even the New York Hotel & Motel Trades Council has reportedly taken the initiative to begin petitioning for a law that would require all New York hotels to provide their employees with panic buttons. According to the Miami injury attorneys of Gerson & Schwartz, who specialize in cases of on-the-job rape and sexual assaults, a nationwide law mandating the use of panic buttons in hotels could be extremely conducive in the fight against workplace violence.

Bureau of Justice Statistics indicated that of approximately 36,500 workplace victimizations reported on an annual basis, 2.1 percent consisted of cases in which employees became victims of workplace sexual assault or rape.

Additionally, statistics provided by the Rape, Abuse & Incest National Network (RAINN) suggested that only about 40 percent of all rape cases are ultimately reported to police. If a rape victim does indeed report their case to authorities, there is only a 50.8 percent chance that the attacker will be arrested.

Furthermore, while there is an 80 percent chance that the offender will be prosecuted in the case, there remains only a 58 percent chance of conviction and a 69 percent chance that the assailant will be sentenced to time in jail.

Continue reading "Hotels to Offer Housekeepers Panic Buttons In Light of Recent Sexual Assault Cases" »

MIAMI, FL— May 25, 2011 - With sexual assault and attempted rape charges pending against IMF Chief Dominique Strauss-Kahn, countless hotels appear to be assessing their security methods to ensure that guests and employees receive adequate protection from criminal activity. According to information provided by Reuters, Strategic Hotels And Resorts Inc. Chief Executive Laurence Geller told reporters that following the attack of any guest or hotel worker, “You revise your protocols and procedures… Physical abuse has always been a problem in hotels." 

After a chambermaid at the Manhattan-based Sofitel hotel accused Strauss-Kahn, managing director of the International Monetary Fund, of forcing her to “perform oral sex and submit to anal sex” when she entered his suite to clean, officers from the New York City Police Department (NYPD) arrested and booked the French politician into Riker's Island jail. Though he posted bail and was eventually released, he remains detained inside a heavily guarded NYC apartment.

“This is still a fairly rare and exceptional event, thankfully, but that doesn't mean we can ignore it,” said Arne Sorenson, Marriott International Inc.’s chief operating officer. Sorenson noted, “You have to find a way to both make sure our associates are safe and doing the right thing and you have to protect the privacy of our guests…There's a little bit of tension between those two things."

At the hotel where the alleged sexual attack occurred, housekeeping employees are required to leave the door open when performing standard job duties. NYPD investigators contended that data stored on the electronic card reader of Strauss-Khan’s suite door indicated the maid left the door open on the day she was allegedly assaulted.

Geller noted that electronic card readers have had a significant positive impact on hotel security.  “The key rack was the villain of all villains, strangely enough,” said Geller, explaining that when room keys were hung on racks behind the receptionist’s desk in the past, attackers could easily find out which suites were vacant and which guests occupied the remainder of a hotel’s rooms.

Furthermore, the Associated Press recently reported that “material” discovered on the uniform the sexual assault victim was wearing on the day of the alleged attack matched Strauss-Khan’s DNA. Investigators also collected other pieces of physical evidence, such as a portion of the rug where the maid reportedly spat after performing involuntary oral sex on Strauss-Khan. The results of DNA tests on those items are still pending.

Continue reading "Hotels Evaluate Security Procedures In Wake of IMF Chief Strauss-Kahn’s Sexual Assault Case" »