When you’re handed a key after checking into a hotel, you assume you’ll have a private place to rest. You might also believe you’re safe behind the locked room door. Unfortunately, that expectation of safety doesn’t always match reality.
Hotels can reduce the risk of sexual assault through adequate security, employee training, and other preventive measures. Most hotel sexual assaults fall into two categories: guest-on-guest violence, involving hotel visitors, or staff-on-guest violence, when a hotel employee assaults a guest. Regardless of who is responsible, the consequences can be life-changing.
In recent years, hotels have been held liable in cases involving sexual assault. In 2021, a survivor was awarded $44 million after hotel employees at a Hilton property took her to the wrong room, where she was sexually assaulted by a colleague. Similar verdicts are appearing around the country, indicating that survivors of hotel assaults may have legal options if they want to seek justice.
We spoke to nationally recognized sexual assault civil trial lawyer Jessica Pride to learn more about sexual assault at hotels, how it happens, and a hotel's legal responsibility after an assault. Pride is the managing partner of The Pride Law Firm and specializes in representing survivors of sexual assault and abuse.
Why Are Hotel Guests Vulnerable to Sexual Assault?
Legal Examiner: Why is sexual assault a problem at hotels?
Jessica Pride: Hotel and motel guests are in a vulnerable position. When you’re at home, you control who unlocks the door. At a hotel, someone can get into your room without you even knowing, whether that’s an employee who wrongfully makes a copy of your room key or a fellow guest who falsely claims they know you in hopes of convincing the front desk to let them in. You have no control over what happens next. Hotels should take precautions to prevent unauthorized access, but they don’t always exercise due care. The results can be devastating.
Legal Examiner: How can sexual assault affect someone?
Jessica Pride: Survivors of sexual assault experience a range of emotions. They might find themselves in shock or disbelief that they’ve been assaulted. Some people have what’s called a freeze response, where they physically cannot act against the threat, while others have a fawn response and try to appease to avoid conflict. There’s no “right” way to behave after an assault, although some survivors feel guilty that they aren’t responding as they expected. Questions swirl in survivors’ minds as they begin to process what’s happened. “Will anyone believe me?” is something they often ask themselves.
Some survivors feel like they should’ve sensed that the perpetrator was dangerous ahead of the assault, while others say the violation makes them feel physically dirty. In reality, none of it is ever a survivor’s fault. While people who have been targeted by perpetrators are encouraged to report it to law enforcement, that can cause anxiety about not being seen as trustworthy. Beyond those immediate responses, sexual assault can lead to several negative long-term outcomes, including post-traumatic stress disorder, depression, and anxiety. It’s important for people to understand what recovery from sexual assault looks like.
When Can Hotels Be Held Liable for Sexual Assault?
Legal Examiner: What responsibility do hotels have?
Jessica Pride: Hotels have a legal responsibility to protect guests from foreseeable harm, meaning they must provide a reasonably safe environment. Hotels aren’t expected to anticipate every possible issue that could arise on their properties, but they’re obligated to maintain safe conditions. For example, they must warn about potential trip-and-fall hazards and try to prevent foodborne illness and insect infestations. The stakes can be especially high when inadequate security puts guests at risk of violent crime. So if a hotel operator acts negligently and that negligence results in someone being sexually assaulted, they can be held liable in court for failing to meet this standard.
Legal Examiner: What precautionary measures should hotels take?
Jessica Pride: There are a few things that hotels can do. Rigorous employee training is one of the most important measures to implement. Staff members should be trained to recognize potentially dangerous situations, like the warning signs of sex trafficking. They need to be educated on company policy and aware that they shouldn’t make any exceptions. If someone who isn’t listed in the system asks for a room key, the answer should always be no. Hotels should also regularly check that all locks in the building are functioning properly and that hallways and parking garages are well-lit. These steps may seem small, but they can make a big difference and help prevent something bad from happening.
Legal Examiner: What legal options does a survivor have after a hotel sexual assault?
Jessica Pride: If you’ve experienced sexual assault while a guest at a hotel, you have legal options available to you. Hotels can be found liable for negligence whether a staff member or another guest perpetrated the assault. If a hotel breaches its duty of care and that failure contributes to a sexual assault, it may be held legally liable, allowing a survivor to hold the institution accountable for failing to protect them. You can also name the perpetrator of the crime in the lawsuit, even if they haven’t been found guilty in criminal court.
Hotels have a duty to guests, and when they fall short, they can be held accountable. Survivors may be able to recover compensation for medical expenses, lost wages, therapy costs, and other losses incurred because of the assault. Consulting with a sexual assault lawyer doesn’t mean you have to pursue a case, but it can give you an idea of the best path forward.
