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What rights does a student have if they were raped by their professor when studying abroad?

New York, NY |

Both are US citizens and go to the same private University in the United States, but the incident occurred internationally. The victim was drugged and immediately went to the police after regaining the ability to use motor control. Samples were taken and the University was notified (abroad and in the States). What are the proper precautions and steps that should be taken?

Attorney Answers 4

Posted

Contact personal injury as soon as possible.

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Posted

There can be a criminal prosecution where it occurred. You can sue in the US.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Since the event occurred abroad, any U.S. court will lack criminal jurisdiction-- the criminal prosecution must be handled by the local (foreign) authorities. However, civil claims may be brought by you against your assailant in the U.S. depending on the application of state or federal "long arm" statutes. You may also have claims against the University for their negligent hiring, retention, or entrustment of the assailant. Consult with a local attorney immediately.

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Posted

You would need to follow up with the police officials where you reported it regarding criminal prosecution. You can speak to civil attorneys regarding a lawsuit but try to get copies of police and medical records before meeting with attorneys so they can better evaluate your potential claim.

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