Uber Blames Victims for Sexual Assaults
The New York Times recently investigated some of the 4,000 lawsuits against Uber for sexual assaults perpetrated on customers by their drivers. The findings directly contradicted the company’s marketing claims of siding with victims of sexual misconduct. Once a victim seeks justice, the company switches to the standard legal defense of claiming the victim was ‘asking for it’. This is the case even when the driver had prior violent convictions or was found guilty in a criminal court for the crime in question.
In our practice, we are sometimes surprised when insurance companies and defense lawyers try to discredit victims in this manner, however, in sexual assault cases, this can backfire by angering jurors. Sadly, these tactics still work on some members of the public. The paper uncovered many instances of depositions asking individuals that had been assaulted or raped by drivers questions meant to deflect blame onto the victims, for instance:
- What exactly were you wearing that night? Please describe your dress. Were you wearing high heels?
- Exactly how much had you had to drink that evening?
- Do you take any prescriptions?
- Were you taking an Uber because you were over the legal limit to drive? If so, are you sure you could have a clear recollection of the evening?
- How often do you have consensual sex?
- Have you previously been sexually abused?
- Are you seeing a therapist for any other trauma?
- Why were you riding alone?
Imagine having to answer all of these types of question when you did nothing wrong and were victimized in the worst possible way. The report was hard to read even for our experienced attorneys. Ironically, this is a company that advertises they are the safest way to get home after enjoying an evening out.
In our injury cases, we see insurance company lawyers discrediting our clients through questions similar to the following:
- Is your day-to-day job physically demanding? Isn’t that what could be causing your pain?
- You played sports growing up, did you have any injuries? If you forget one, they claim you may be forgetting all.
- This photo is taken of you months after the crash and you are smiling? How can you smile if you are in pain?
Always remember, large companies love to advertise they care about their customers but when you ask them to put their money wear their mouths are, you will be treated as kindly as an enemy treats their opponent on a battlefield.
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