Is there any legal recourse against my adult daughters convicted military rapist who gave her an STD?

Asked on June 6, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your daughter may be able to sue her attacker for both assault (rape or sexual assault is an intentional tort) and for giving her the STD (if he knew or reasonably should have known that he had an STD, then engaging in sexual intercourse, whether consensual or not, would likely be considered to have been negligent, reckless, or even an intentional harm). She should speak with an attorney with experience in legal actions involving service personnel. It is even possible that she may have a cause of action against her attacker's superior officer, if he or she knew that this person presented a danger (e.g. had previously attacked someone else; or had made threats against your daughter) but knowing of that, still took no protective action.


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