Dumas, TX asked in Personal Injury and Criminal Law for Texas

Q: gay hate crime

asaulted when leavingb hotel

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You need to report the assault to law enforcement where the hotel is located. How serious your bodily injuries are will determine the class or degree of the charge. It would be ideal if you can readily identify the perpetrator. If not, how serious your bodily injuries are will likely dictate how aggressively law enforcement will investigate to see if they can determine who the perpetrator was.

Jimmy Doan
Jimmy Doan
  • State Wide, TX
  • Licensed in Texas

A: Suffering an assault in a hotel because of your presumed sexual identity is alarming. In such a situation, you very well may have two avenues through which you can seek recourse for the harm caused to you as a result of this hotel assault. In other words, you appear to have criminal and civil remedies available to you.

If you have not done so already, take the time as soon as possible to file a police report regarding the assault you sustained at the hotel in question. You may have already taken this step. However, you are not alone if you have not yet reached out to law enforcement regarding this attack. Many people in your position hesitate to file a police report for a host of different reasons.

Filing a police report serves a pair of important purposes:

• The first step in commencing the criminal process, including fully investigating the assault, is filing a police report.

• If you elect to pursue a civil remedy (a lawsuit for injuries, damages, and losses), the existence and contents of a police report likely will provide important support for your claim.

As mentioned a moment ago, in addition to pursuing a criminal case against the perpetrator or perpetrators, suffering an assault of this nature may also be addressed in civil court. In this regard, you may be in a position to pursue a personal injury claim and lawsuit as a result of this hotel physical attack.

The perpetrator or perpetrators of the assault can be held responsible for any injuries, damages, and losses you’ve sustained as a result of the attack. These include physical injuries as well as emotional or psychological harm you sustained as well.

The hotel may also bear responsibility for the assault and injuries you sustained on its property. The hotel has a legal obligation to maintain the property in a reasonably safe condition for its guests. This includes keeping the property reasonably safe and secure from criminal activity, including violent crimes like what you appear to have suffered at the hotel in question.

More information is needed about the facts and circumstances surrounding the attack you endured as a result of your perceived sexual identity to best determine the full extent of your legal rights. You best protect these rights associated with being a victim of a crime as well as a person who may have a civil claim as well by being as proactive as possible to assert your crucial legal interests.

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