During the phone interview, Mr. Durham mentioned that reports show around 10% of college students will be sexually assaulted. He also mentioned that because cameras were not used or reviewed and the fact that there was no longer a full-time security guard that it certainly wasn’t hard to predict that this would become a problem.
Why the 40% Fault Is Unique
Regarding the jury finding Savannah State University’s separate housing LLC 40% responsible for the rape of his client, he stated that in most cases involving premises liability (that is, when something that causes some sort of harm happens on the premises in question, the property owner may be at least partially liable for what happened) and rape, it is generally held that the rapist is 90% at fault. Mr. Durham continued, “[The jury] only found the criminal 40% at fault which shows you what they thought about the security issues in this case. [What happened) was totally preventable.”
The civil verdict breaks down fault as follows:
- 40% to Scott
- 40% to the LLC that owned the student condominiums
- 20% to the Board of Regents of the University System of Georgia
Scott Caught on Unmonitored Camera