Georgia Legal Report
The DC Metropolitan Police Department has released their Best Practices for Nightlife Establishments report, outlining how nightclub owners can develop a safe nightlife atmosphere for patrons. While the full report addresses a variety of crucial nightclub security guidelines, including age verification, intoxication, employee training, and security procedures, this article specifically focuses on the DCPD best practices for preventing nightclub sexual assault.
It is your responsibility as establishment owners and managers to ensure that your customers enjoy the evening as safely as possible. These precautions help create a positive relationship between you and your neighbors, and they help ensure that your establishment is free from any illegal activity. –DC Metropolitan Police Chief Cathy L. Lanier
Developing a Safe Nightlife Atmosphere: Preventing Sexual Assault
- Management and employees can help to prevent their premises from being exploited by sexual aggressors, who may seek to take advantage of vulnerable patrons. Alcohol is the most common substance aggressors use to facilitate sexual assault. Both the aggressor and the target may have impaired judgment and lower awareness as a result of alcohol consumption, leading to a greater chance of sexual violation anywhere along the spectrum from harassment to violent assault. However, the environment around a sexual aggressor can make a difference in their behavior.
- Young women are statistically most likely to be the target of unwanted sexual attention and aggression, but it’s important to keep in mind that anyone may be a target, including patrons of gay establishments. Aggressors often present themselves as friendly, seeking to get to know a target, buying them drinks, or otherwise displaying a romantic interest. Aggressors may also engage in unwanted contact such as pressing up against someone on the dance floor, groping, or “up- skirt” grabbing. If bar staff notice any of these behaviors, it may be useful for them to ask the target if s/he would like any intervention and/or keep a close eye on the situation in case it escalates.Escalation can also take place off-premises. A common scenario is for an aggressor to initiate an inter- action on the premises, isolate the target from her friends, and then persuade or pressure the target to leave with him. Employees should be attuned to behavior that seems overly familiar or aggressive under the circumstances, especially if the potential target is visibly intoxicated or seems to be impaired.
- Establishment personnel should offer to call a cab for the vulnerable or impaired person, and closely observe as patrons leave to see if they seem to be able to navigate safely. Security personnel at the door or outside are well positioned and should observe when patrons leave. They should also take general note of whom patrons arrive with and whether they leave with the same group or someone else. Note that aggressors may seek to get targets drunk or drugged, encourage them to get some air, and then pull up in a car or hail a cab to take them away.
- If establishment personnel sense that something is awry, either when an aggressor is purchasing drinks for a potential target who is visibly intoxicated, isolating her from her friends, or trying to leave with her, personnel should make it clear to the aggressor that they have been observed by asking them in front of others how they’re doing or if they need some help. Staff can also use distraction techniques to separate the target from the aggressor, such as telling the potential target that her friends are looking for her. If possible, employees should make a note of the circumstances, the descriptions of the parties, or any other information that could become relevant at a later time. However, establishment managers and staff should make every effort to keep patrons safe and proactively intervene if they observe any suspicious or problematic behaviors.
- Encourage groups to designate one person as a chaperone and perhaps identify this person with a wristband. This person could be served non-alcoholic beverages at a discount for the night.
- For prevention of assaults on the premises, maintain surveillance cameras outside restroom doors, and consider employing a restroom attendant. Ensure that restrooms are used by the appropriate gender. If the restrooms are gender-segregated, monitor to ensure that men do not enter the women’s restroom (keeping in mind that some people who appear to be one gender may in fact be another). Surveillance cameras should be monitored throughout the night, especially near closing time. Ensure that storage areas and other restricted areas are kept locked and secured. Closed darkened areas create a potential danger.
- Support staff, including porters, barbacks, busboys, and kitchen staff, should receive sexual assault awareness training that will help them be aware of patron behavior and recognize potential perpetrator behaviors that may lead to sexual assault, especially as these employees work in or pass through areas that are dark or restricted. As part of their training, employees should be instructed to immediately report any suspicious or problematic behavior to a supervisor or manager.
- Establishments can send a clear message that there is zero tolerance for sexual assault by posting signs letting patrons know that their safety is a priority, and including on the signs who among the staff a patron can approach if they need assistance.
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Perhaps most important, management and employees should trust their instincts regarding possible predatory behavior they may observe. If something doesn’t seem right, it probably isn’t. Management should communicate to employees, ideally by establishing a written policy, that they support proactive efforts to address suspicious, aggressive, or predatory behavior. If possible, employees should make notes of any situation they observed for later reference if needed.
Victims of Nightclub Sexual Assault
By law, nightclub owners and managers are required to protect all patrons legally on the premises from any foreseeable harm. Should a nightclub owner or manager fail in this legal duty, victims of nightclub sexual assault may elect to pursue a legal claim for their injuries and suffering. Under such a claim, victims of sexual assault may be entitled to an award of damages that could include, among other items, substantial monetary compensation for: pain and suffering; past and future medical expenses; loss of wages and future earning capacity; disfigurement; and, mental anguish.
Photographs and a thorough inspection of the scene will need to be performed on behalf of the victim immediately before any evidence, such as register receipts or surveillance footage, may be destroyed. As such, it is imperative that nightclub sexual assault victims speak with an experienced premises liability firm immediately to ensure their interests are protected.
We are here to Help. Contact us for a Free Consultation.
The Murray Law Firm has extensive and successful experience in representing victims of nightclub sexual assault and security negligence in and we offer our legal expertise, if desired. Anyone seeking further information or legal representation is encouraged to contact us at 888.842.1616. Consultations are free and confidential.
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You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:
A LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.
– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.
If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
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