Is the host of a party personally liable if one of his guests gets sexually assaulted by another guest at the party?

Asked 6 months ago - San Francisco, CA

A party was hosted in a private hotel room where alcohol was served. One of the female guests gets drunk and passes out in the hotel room. Another male guest sexually assaults the female, while the female guest is passed out. Female guest is going to press formal charges against the male guest.

What is the liability of the person hosting the party? The person hosting the party had no involvement with the assault, and only learned about the incident the following day.

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . On what factual basis would there be any basis for liability? Did the host have any reason to know or suspect any such intentions by the offender? Hosts are not insurers against the consequences of their guests' bad conduct unless there is a reason that they should have foreseen that conduct or consequences. If someone comes to your house and commits a terrible crime on your front porch, should you be liable? Why?

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . Generally, unless the host had some involvement in the criminal conduct, he or she would not be responsible. The woman who was assaulted needs to contact the police and report the incident as soon as possible.

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