If I was raped and the attacker was arrested but later released him, is the county liable for me being assaulted a second time since they had him and let him go?
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If I was raped and the attacker was arrested but later released him, is the county liable for me being assaulted a second time since they had him and let him go?
He was arrested after I pointed him out and a rape kit was done. However, he was released 3 days after. He then raped me again the following year along with other women.
Asked on July 5, 2013 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
No, the county is not liable: no person or entity, including the government is liable or responsible for the criminal activities of third parties, like your attacker, who are not under their control (e.g. not employees, committing crimes in the course of their employment). You can sue the attacker himself, as well as pressing charges.
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