Author: Shelby Benavidez 

Contributing Attorney: Olivia Chapa, attorney 

A hotel should be an exciting place to relax, get away for a little while, and look forward to the trip ahead. Many of us want to believe that we’ll be safe and secure. Unfortunately, that isn’t always the case, and when that safety is violated, it can leave lasting physical and emotional consequences.  

Hotels are often hot spots for sexual assault and trafficking. Let’s explore how and why sexual assaults and trafficking occur in hotel settings, identify warning signs that guests and staff should watch for, and explain the responsibilities of hotels. Then we’ll walk through what to do immediately after an incident, and finally, focus on rights in Texas, especially how victims can pursue civil legal action and how a personal injury attorney can support them. 

Hotel Sexual Assault Awareness and Prevention 

Common Venues for Sexual Assault and Trafficking 

Hotels and motels are, unfortunately, some of the most common venues where sexual assault and sex trafficking may occur. Predators and traffickers can exploit the transient populations, private spaces, and limited supervision these venues offer. Traffickers may also use hotels as meeting points, changing rooms, or places where victims stay for a short period of time. In fact, there were thousands of instances of trafficking in hotel or motel settings over a ten-year period. 

Hotel staff should be trained to spot guests with varying behaviors, which means they have a duty to observe, report, and act when they see suspicious patterns, such as groups of people paying cash, frequent room changes, or loitering in hallways. Lack of attention to these patterns may facilitate assault or trafficking. Sometimes, hotel staff are complicit, whether through negligence, such as failing to lock doors or supervise access, or worse, making the hotel potentially liable in a sexual assault or trafficking lawsuit.  

Hotel Safety Red Flags 

When staying at a hotel, it’s important to stay alert and protect yourself by recognizing warning signs that could suggest a higher risk of sexual assault or trafficking. Be cautious if you notice issues such as poor lighting in hallways, parking lots, or stairwells; broken locks; malfunctioning security systems; or doors that don’t close or seal properly. You should also evaluate the property’s overall security. Limited supervision of entrances, service areas, or guest floors can be a sign that the hotel isn’t taking guest safety seriously. 

Other red flags may include guests refusing housekeeping over an extended period of time or refusing to offer any identification or credit card to hold their reservation. Noticing these red flags isn’t a guarantee that a sexual assault will occur, but it does mean your safety could be at risk. Always lock your door and use the deadbolt, keep your belongings secured, avoid letting strangers into your room, and notify hotel management immediately if something feels off. 

Who Is Liable for Sexual Assault in a Hotel? 

Liability in these situations can be complex. The person who committed the assault is always primarily responsible. But hotels, property owners, and operators can also be held legally responsible under certain circumstances. Under Texas law, hotels owe a duty of care to their guests. If they fail to take reasonable steps to prevent foreseeable harms, including sexual assault, and that failure leads to injury, the hotel can face a civil claim for negligent security or premises liability. 

A hotel may be held liable if its staff knew (or reasonably should have known) that there was a risk, such as previous assaults or crime in the hotel or nearby, and did not adequately respond by improving their security, like adding cameras, additional locks, better lighting, and access control. The hotel may also be liable if its staff was not properly trained to identify and respond to assault or trafficking, or if its employee was directly involved. 

It’s important to note that simply having an assault occur on hotel property doesn’t automatically make the hotel liable. The key is whether the hotel’s conduct (or lack thereof) breached its duty of care in a way that made the assault foreseeable and preventable. 

Taking Action After a Hotel Sexual Assault 

Steps to Take After Sexual Assault in a Hotel 

If you or someone you care about has experienced an assault in a hotel, please know that what happened is not your fault and that help is available. The steps can help support your safety, preserve important evidence, and guide you if you choose to pursue legal action in the future. 

  1. Put your safety first – get to a safe place away from the perpetrator(s). If you’re still at the hotel and you feel unsafe, alert the front desk, call security, or leave the premises if you can. 
  1. Call 911– report the assault to the police as soon as possible. The sooner law enforcement is involved, the better for collecting evidence and initiating a criminal investigation. 
  1. Seek medical attention – go to a hospital or emergency room. A forensic exam, commonly called a “rape kit”, can collect DNA, document injuries, and provide crucial evidence. 
  1. Preserve evidence – keep any clothing you were wearing and don’t wash it. Law enforcement and a medical professional may be able to help collect photos of your injuries and the scene, including any hotel surveillance footage if possible. If there were witnesses to your assault, provide the names of those witnesses to the police, if you can. 
  1. Document everything – as difficult as it may be to relive the incident, write down everything you remember, including when and where the assault took place, how you responded, and who you told. If you speak with hotel staff, note the name of who you spoke to, the date, time, and what they said or did. 
  1. Report the incident to hotel management – inform the hotel in writing of the assault. This creates a record that the hotel was made aware of what happened. 
  1. Contact an attorney – even while criminal processes may be underway, a sexual assault and trafficking attorney can start the process of investigating liability. 

How to Handle Interactions with Hotel Management and Staff 

After a sexual assault, speaking with hotel management or staff can feel overwhelming, especially when you’re still in shock or processing what happened. It’s important to remember that the assault is not your fault. You did nothing to deserve what happened, and you have every right to seek help, report the incident, and protect yourself. 

When you’re ready, try to be as firm and clear as possible when communicating with hotel staff. Explain what happened, where, and when, and ask to speak directly with the manager on duty. Request that your report be documented in writing, either through an email or a signed incident form, so there’s a record of your communication. 

It’s also critical to ask the hotel to preserve any potential evidence, including security footage, key card logs, door access records, or any other data that could help confirm who entered your room or was in the area at the time of the assault. This information may only be stored for a short time, so it’s important to ask the hotel to save it as soon as possible. Preserving these details helps protect your story. 

If you’re still staying at the hotel, your personal safety should come first. Ask to be moved to a different room, ideally on another floor, and request a new set of room keys. Change any safe codes or digital locks if possible. This can help you regain a sense of control in a situation that can feel chaotic and frightening. 

Sometimes, hotel staff or management may try to offer immediate apologies, refunds, or even compensation. While it might seem like a quick way to resolve things, do not accept any form of settlement or sign anything before speaking with an attorney. You may not yet know the full extent of your injuries, trauma, or the hotel’s responsibility. An attorney can help you understand your rights and make sure you’re not pressured into an agreement that minimizes what you’ve been through. 

Remember, you don’t have to go through this alone. Consider bringing a trusted friend, advocate, or lawyer with you when meeting with hotel staff. Having someone by your side can help you feel supported and provide an extra witness to the conversation. Most importantly, know that it takes courage to speak up after such a traumatic experience. Reporting the assault and documenting your interactions are the first steps toward justice and powerful ways to reclaim your voice and begin healing. 

Building Support and Recovery After the Incident 

Recovering from a sexual assault that happened in a hotel isn’t only about what happens in court or on paper. It’s about taking care of yourself – physically, mentally, and emotionally – in the days and months ahead. What happened to you is not your fault. You deserve compassion, safety, and support as you begin to process what has happened to you. 

Many survivors find that working with a therapist or counselor who specializes in trauma or sexual assault can be an important part of recovery. A trained professional can help you navigate feelings of fear, anxiety, shame, or anger, and begin to rebuild a sense of peace and control. 

It may also help to reach out to sexual assault support organizations or crisis hotlines. You are not alone in this, even if it feels like it right now. There are advocates who can listen, who will believe you, and who will guide you toward resources that fit your needs. In the U.S., the National Sexual Assault Hotline is available 24/7 at 1-800-656-HOPE (4673), and they can connect you to confidential local services. 

Beyond emotional care, it’s also important to look after your physical health. Even if you’ve already had a medical exam, consider scheduling follow-up appointments to check for any injuries, infections, or other concerns that might arise later. Your well-being deserves ongoing attention, and it’s important to prioritize yourself right now. 

Support can also come from community and connection. Joining a support group or speaking with others who have lived through similar experiences can help ease the sense of isolation that often follows trauma. Hearing others’ stories can remind you that recovery is possible and that healing looks different for everyone. 

Finally, you might find it helpful to document your healing journey. Writing in a private journal about your emotions, changes in sleep, work impact, or daily challenges can be therapeutic, and it can also help record your experience if you later choose to pursue a legal claim. There’s no right or wrong way to do this. What matters most is honoring how you feel and giving yourself space to heal. 

Recovering from a hotel assault is not easy, but it’s absolutely possible with time, care, and the right support. Reaching out for help is a brave and powerful step toward reclaiming your life. 

Can Sexual Assault Victims Pursue a Personal Injury Claim? 

In Texas, victims of sexual assault in a hotel may have the right to pursue a personal injury claim against the person who assaulted them and potentially against the hotel or property owner. Under Texas law, a property owner, including a hotel, may be held liable for criminal acts of third parties when they fail to provide reasonable security and when those acts were foreseeable. 

For a sexual assault injury claim against a hotel or motel to succeed, there must be a duty of care owed by the hotel to the guest, which generally exists, and the hotel must have breached that duty by failing to lock doors, failing to provide lighting, or ignoring past incidents. The breach of care must have caused or contributed to the assault, and the victim must have suffered damages, such as medical bills, therapy, lost wages, and pain and suffering. 

What to Expect from a Civil Suit 

If you decide to file a civil lawsuit against a hotel after a sexual assault, it’s completely understandable to feel uncertain about what comes next. The legal process can seem intimidating, but having a clear idea of what to expect can help you feel more grounded and prepared. 

Your attorney will begin by carefully investigating what happened. This might involve collecting hotel surveillance footage, door key logs, incident reports, or employee training records. They may also look into whether the hotel had a history of security issues or past crimes on the property. Every detail matters, and this evidence helps build a clearer picture of whether the hotel failed in its duty to keep you safe. 

A major part of the case often involves determining foreseeability. In other words, it would have to be proven that the assault was something the hotel could and should have anticipated. If there were warning signs, such as similar incidents in the past or obvious safety problems that were ignored, the hotel may be held legally responsible for failing to act. 

Many of these cases are based on what’s called negligent security. This means that the hotel didn’t provide adequate protection. When a business cuts corners on safety, guests are the ones who pay the price, and the law recognizes that this kind of negligence can have devastating consequences. 

The fact of the matter is that every case is unique. Some lawsuits end in settlements before reaching trial, while others go all the way through the court process. Your attorney will guide you through each stage, explaining your options and helping you make decisions that feel right for you. 

If your case is successful, you may be entitled to compensation for a range of losses,  including medical bills, therapy costs, lost income, future care needs, and the emotional pain and suffering caused by the assault. While no amount of money can undo what happened, financial recovery can provide vital support as you heal and rebuild. 

Most importantly, remember that pursuing a civil suit is your choice and your right. You deserve accountability and the chance to have your voice heard. With the right legal support, you don’t have to face this process alone. 

How a Personal Injury Attorney Can Help Sexual Assault Victims

After experiencing something as traumatic as a sexual assault in a hotel, it can feel overwhelming to think about legal steps or where to turn for help. You shouldn’t have to face complicated systems or uncooperative businesses alone. Working with a personal injury attorney who has experience with hotel assault and negligent security cases can ease that burden and ensure your rights are protected from the very beginning. 

One of the most important things an attorney can do early on is preserve evidence. Security footage, guest logs, key card records, and staff training materials can all play a crucial role in proving what happened, but they can also disappear quickly if no one acts to secure them. A skilled lawyer will immediately send preservation requests to the hotel, ensuring this vital information isn’t lost or destroyed. 

From there, your attorney will build your case with care and precision. They may interview witnesses, consult experts in hotel safety or security, and gather documents that show where the hotel fell short of its responsibilities. They’ll also work with you to understand the full impact of the assault, so they can pursue fair and meaningful compensation. 

Because most hotels rely on insurance companies to handle these claims, your attorney will take the lead in negotiating with insurers on your behalf. This helps protect you from being pressured into quick or unfair settlements. Your lawyer’s job is to make sure your story is heard and that any resolution truly reflects what you’ve endured. 

Finally, a compassionate attorney will understand that this isn’t just a legal case – it’s your life. A good lawyer will handle the paperwork, deadlines, and negotiations so that you can concentrate on healing. Many attorneys also have networks of therapists, advocates, and survivor support organizations they can connect you with. The right legal team will not only fight for your rights but also help you find the emotional and practical resources you need to start rebuilding. 

Reaching out for legal help is a courageous step. You deserve someone in your corner who believes you, listens to you, and works tirelessly to protect your future.