The Voice For The Injured
Attorney Robert Fakhouri

Restaurants and bars must be held accountable for sexual assault

On Behalf of | Jan 21, 2020 | Uncategorized |

Going out with friends to a bar after a long day shouldn’t be dangerous. Sadly, some bars, restaurants and nightclubs can have a predatory culture where patrons, especially young women, must always watch their back.

According to the Rape, Abuse & Incest National Network (RAINN), more than 17 million women have fallen victim to sexual assault since 1998, with most victims being between the ages of 12 and 24 years old.

Some bars try to distance themselves from responsibility

In Illinois, any place that serves alcoholic beverages owes a duty of care to those who visit their establishment. However, some places may try to avoid liability for any misconduct that happens on their property. They may try to defend themselves by saying patrons need to moderate their alcohol intake. But under Illinois dram shop law, commercial establishments hold a high level of responsibility for cutting customers off when they’ve had too much.

Lacking consent

If those under the influence get sexually assaulted, consent can often play a significant role in the outcome of their case. Sexual acts in Illinois are deemed non-consensual if a person is mentally impaired by drugs or alcohol. A person may be considered legally unable to consent if:

  • The substance gets administered to someone without the person’s consent.
  • The person’s incapacitation makes them unaware that a sexual act is occurring.

A change in nightlife culture is necessary for patron safety

When people go to a bar or restaurant, they deserve to enjoy themselves and not remain fearful they may get assaulted. As part of that change, these establishments need to be held more accountable for keeping patrons safe.