Negligent Security and Personal Injury Attorney Marietta Georgia

The issue of rape has been in the forefront of many people’s mind with the recent trial of Stanford student Brock Turner and the mild sentence he received, despite being found guilty of three felony charges. Closer to Cobb County, a man found guilty of rape received a much harsher sentence for his crimes.

Man Receives 25 Year Sentence For Rape

Alex Gilberto Argueta, 40, of Marietta was sentenced to 25 years of prison after pleading guilty to rape, aggravated assault, and cruelty to children. In addition to 25 years in prison, he will receive no parole and life on probation. According to police, Argueta raped an 11-year-old girl, inside a closet in her home around 10 p.m. while the mother was in another room. He held her neck and threatened physical harm if the girl said anything. The mother went looking for the girl when she had not returned from playing and found Argueta with his pants down with her partially clothed daughter.

Although Argueta fled the scene, DNA testing from biological samples taken from the girl at Children’s Healthcare of Atlanta were a positive match. Police arrested Argueta the following morning. Originally from Honduras, Argueta may be transferred to Immigration and Customs Enforcement (ICE) custody after completing his prison term. If he remains in the U.S., he will be required to register as a sex offender.

Sexual Abuse Against Children

Rape is already an extremely serious offense, but becomes even more loathsome when it is committed against children. Unfortunately, it is more common than most of us think. According to research, 1 out of 5 girls and 1 out of 20 boys are the victims of child sexual abuse, and children between the ages of 7 and 13 are particularly vulnerable. Children who are victims of rape or sexual assault are also more likely to experience rape again in their later years. In most circumstances, the sexual abuse is perpetrated by someone they know.

Negligent Security And Rape

If a rape or aggravated assault can be linked to negligent security, the victim may have an option for civil action. Negligent security falls under premises liability, meaning a victim of violent acts could seek compensation from the owner of the property for the criminal injury. The assumption a negligent security claim works on is that the crime could have been prevented, or been less likely to happen, if security measures has been in place. In a case, it would need to be proven that the owner has reason to suspect a crime could happen if similar crimes had previously happened in the same location. What is considered inadequate security depends on an individual case, but adequate lighting, locks, and security guards might all be taken into account.

Getting Help With Your Cobb County Case

Being the victim of a violent crime, such as rape, can leave a person absolutely devastated and feeling utterly alone. On top of possible bodily injury, you may face even more excruciating mental health issues, ranging from low self-esteem to feelings of worthlessness and even suicide. If you are a victim of a violent crime in  Georgia, you do not have to be alone. There are resources available to help. Contact Williams Elleby Howard & Easter to find out your legal options.

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