Rideshare Sexual Assault
In the past years, ride-sharing apps have exploded in use and popularity. However, with the influx of this technology, ride-sharing apps have created a perfect environment for sexual predators to prey on unassuming individuals. This comprehensive guide discusses the prevalence of sexual assault in rideshare apps, uber sexual assault lawsuits and legal action against major ride-sharing platforms, and safety measures that Lyft and Uber passengers can take to avoid unwanted sexual contact.
Why does Rideshare Sexual Assault Happen?
Ride-sharing has become a very popular and safe way to avoid driving under the influence of drugs or alcohol. Unfortunately, when you’re under the influence of drugs or alcohol, you become more vulnerable to sexual assault by a rideshare driver or by a sexual predator posing as a rideshare driver.
Although rideshare companies such as Lyft and Uber screen their applicants’ criminal histories and driving records, the screening process does not adequately eliminate all sexual predators. Furthermore, some drivers do not receive adequate training about sexual assault, sexual misconduct, and sexual harassment. Additionally, most rideshare companies have failed to implement essential safety protocols that are used by taxi drivers, such as passenger dividers and cameras. This has unfortunately led to reports of rape and sexual assault by drivers of rideshare companies in recent years.
As a rideshare passenger, there are some critical steps you can take to keep yourself safe—both Uber and Lyft list these basic safety measures on their websites.
- waiting inside a safe place until your ride shows up;
- making sure that the rider’s information on Uber matches the person who has arrived before you get into the vehicle, including the car’s make and model and license plate;
- asking the driver to confirm your name before getting into the vehicle;
- riding in the back seat;
- wearing your seat belt;
- and sharing your travel plans with a friend or family member.
What Does Uber and Lyft Do to Improve Safety?
To ensure the safety of both drivers and passengers, Uber and Lyft have implemented several measures designed to reduce risks and promote a secure environment. Below are key safety features that the companies use to protect riders and ensure a safe ride experience.
Screening Drivers
Rideshare companies do screen all drivers by confirming their identity and personal information through driver’s licenses and real-time photos, and they perform criminal background checks before contracting a driver for work. Background searches include a nationwide search of county court records, federal criminal records, and sex offender registries. Rideshare companies also monitor drivers on an annual basis for new criminal and driving offenses.
In-App Safety Services
Lyft’s service has in-app safety features, including a feature in which riders can share their location with friends and family. Riders can also connect with an ADT security professional through texting or calling. The ADT security professional can then take the important step of silently alerting 911 and sharing the driver’s location with the police. Lyft also has a 24-hour Critical Response Line, which Lyft drivers and riders can use to report incidents of physical injuries, indecent exposure, and serious sexual assaults. Very similar to Lyft, Uber has an in-app Emergency Button in the app’s Safety Toolkit, which contacts 911. The app shows the rider’s location, vehicle information, and license plate number, which 911 services can then use to locate the vehicle.
Is It Enough to Protect Riders?
The fact that sexual assault statistics are high, despite the screenings, means that there is much room for improvement.
- In some lawsuits brought against Uber and Lyft, alleged victims have argued that the companies’ background screening procedures are inadequate and done at minimal cost, resulting in the companies’ failure to screen out sexual predators.
- Furthermore, Uber and Lyft’s in-app safety features, such as the ADT feature, only protect against assaults if help arrives quickly before any assault occurs. Even if a rider sounds the alarm and gets out of the car, the driver may continue to drive for the rideshare company. Critics of rideshare companies claim that they have allowed problem drivers to continue working because of the companies’ poor record-keeping or because predator drivers may have changed their names.
- They could also improve safety by requiring drivers to install dividers between the front and back seats to decrease the risk of physical assaults by both drivers and passengers.
- They could also require drivers to keep cameras in their cars to monitor each ride. Rideshare companies can also take more action on reported assaults, including being more transparent in disclosing assault statistics. Finally, rideshare companies need to become better at screening out sexual predators.
Safety for Students
Ride-sharing is particularly common at universities and colleges, where many students don’t have cars and use ride-sharing to get everywhere. Unfortunately, because of the sheer volume of riders and the fact that young people tend to binge drink and use drugs more than older people, college students, and particularly women, are especially susceptible to being sexually assaulted while ride-sharing. Many college students contact a ride-sharing company late at night after they’ve been drinking alcohol, so their judgment and situational awareness are reduced. In this state, they may be more susceptible to getting into a car without first making sure that it’s a legitimate Uber or Lyft driver. Sexual predators know this, so they often pose as Uber and Lyft drivers and frequent college campuses searching for victims.
As a Driver - Signs to Look out for to Ensure Sexual Assault is Not Happening
Human trafficking is defined as “the practice of exploiting adults and children for use as commodities, or objects, in conditions of sexual and labor servitude.” Human trafficking is a significant worldwide problem, and it’s estimated that 24.9 million people are victims of human trafficking each year, with girls and women accounting for more than 70% of all victims. The most common form of human trafficking is sexual exploitation.
If you are a ride-sharing driver, it’s essential to be on the lookout for signs of human trafficking or that your passenger may not be traveling according to their own will. If numerous people get into your vehicle, watch for any passenger who appears to be in a state where they cannot make rational decisions or where they are being taken somewhere without their consent.
Uber’s website lists specific signs of human trafficking for drivers to look out for, including;
- if the rider appears distressed, disoriented, lost, or fearful;
- if the rider has any physical signs of abuse or branding, including tattoos that say things like “property of Daddy,” or “for sale,” or anything else that indicates ownership;
- if the rider appears to have been denied food or water, or has poor hygiene; or
- if another passenger appears to be exerting power over the rider, such as grabbing their arm, giving them an intimidating or threatening look, or shoving them into the Lyft or Uber cars.
The Uber website also notes that most human trafficking occurs at hotels or transportation hubs. Children may be victims of human trafficking if they’re being dropped off or picked up at places that appear to be unsafe for children. People who have multiple phones or excessive cash may be involved in human trafficking.
If you, as a driver, see anything that makes you suspect human trafficking, it’s essential to report it immediately. One way to report is to contact the National Human Trafficking Hotline at 1-800-373-7888 or text “Help” to 233733.
In addition to looking out for human trafficking, there are several steps drivers should take in any situation where a rider appears to be intoxicated, including helping them find a friend, alerting security or staff that the rider may need help, or contacting law enforcement. If the rider is not responsive, do not touch them. If they appear to need medical attention, call emergency personnel. If the rider’s companion is acting suspicious and coercing the rider to go with them, you can intervene by asking the rider if they want you to contact a friend for them or by contacting law enforcement.
Finally, drivers have the same rights as their riders to feel safe during a ride. If a rider is making you feel uncomfortable for any reason, it is your right to tell them to stop. If you feel you are in danger, you should contact law enforcement. You should also report the incident through both the Uber and Lyft apps.
Uber’s Community Guidelines/Lyft Community Guidelines
Uber and Lyft both provide their community guidelines on their websites. The community guidelines set forth policies for both riders and drivers. Uber’s community guidelines were “developed to help make every experience feel safe and respectful.” Under Uber’s community guidelines, engaging in the following may result in the loss of your Uber account:
- Drug use and open containers
- Discriminating against someone based on various traits, such as age, race, color, religion, sexual orientation, disability, and gender
- Sexual assault or misconduct
- Refusing a rider a trip because of the use of a service animal
- Using Uber to commit a crime
- Engaging in threatening and rude behavior
- Committing fraud, such as charging excessive fees
- Account sharing
- Providing inaccurate vehicle information
- Having sex in an Uber, and
- Contacting a rider after the Uber trip ends.
Also, riders under 18 must be accompanied by an adult. Uber monitors for violations of its community guidelines by reviewing reports submitted by customers and by other means.
Lyft’s community guidelines emphasize choosing kindness, putting safety first, and speaking up with honest ratings and feedback. Like Uber, Lyft’s community guidelines require respecting others’ personal boundaries, and they prohibit the sexual activity, alcohol, and illegal drugs during rideshares. The guidelines also require drivers to allow the use of service animals. Lyft also encourages honest feedback, including reporting all alleged incidents to keep the experience safe for everyone.
What Should You Do If You’re A Sexual Assault Victim in a Rideshare?
If you have been sexually assaulted while using a ride-sharing service, you should report it immediately. Victims of sexual assault sometimes feel traumatized twice—first, by the initial assault, and then, again, by the unfair treatment, they may receive after reporting the assault. Regardless of the circumstances, a sexual assault is never your fault, and you have the right to report it and obtain justice for what your attacker did to you.
You can report your assault in numerous ways, including through the National Sexual Assault Hotline, at 1-800-656-HOPE, and by contacting law enforcement. Uber and Lyft both have strict policies against sexual assault, and they encourage reporting on the websites. Both the Uber and Lyft apps have reporting features and phone numbers for reporting all incidents of sexual assault, harassment, or misconduct.
If you are a victim of a sexual assault while ride-sharing, you have the right to seek justice for your injuries by filing a civil lawsuit against the person who assaulted you and potentially against the rideshare company as well.
Examples of Sexual Assault in an Uber/Lyft
Physical Misconduct
- Attempted or completed rape
- Sexual battery
- Fondling or unwanted touching of a sexual body part
- Forcing a victim to perform unwanted sexual acts, and
- Any other sexual misconduct.
Non-Physical Misconduct
- Unwanted sexual advances
- Obscene messages or invitations
Staring or leering sexually - Catcalling
- Unwanted sharing of sexually suggestive pictures
- Verbal comments such as sexual jokes
- Profane or derogatory comments, and
Comments about a person’s physical appearance.
Signs and Effects of Sexual Assault
Signs of sexual assault can be both physical and emotional. Obvious physical signs of sexual assault include vaginal lacerations, bleeding, or the presence of seminal fluid. Other signs of sexual assault include withdrawing from friends or family, anxiety, being hypervigilant, having trouble sleeping, developing eating disorders, abusing drugs or alcohol, and avoiding activities that used to be enjoyable. If a friend or family member has suffered from sexual assault, it’s imperative to listen to them, tell them you believe them, and emphasize that it was not their fault, no matter what.
Sexual abuse is a devastating crime that often brings on feelings of shame in a victim, even though sexual assault is never a victim’s fault. Victims of sexual abuse and sexual violence often suffer long-term effects, including:
- Depression
- Anxiety
- Substance abuse
- Withdrawal from family and friends
- Eating disorders
- Sleep difficulties
- Avoiding activities that used to be enjoyable
How Long Do I Have To File An Uber Assault Lawsuit?
A rideshare sexual assault lawsuit is considered a type of personal injury lawsuit. Each state has its sexual assault deadline, known as a statute of limitations, for making a civil complaint. Most states’ personal injury statutes of limitations range from two to five years. As soon as possible after any sexual assault, it is vital to contact an attorney who has experience with ride-sharing sexual assault claims. The attorney will know what the deadlines are for filing a personal injury lawsuit in your state. The attorney can give you legal advice about when you should bring a suit and who you should sue. Liable parties could include the person who assaulted you as well as the rideshare company if you can show that the company knew or should have known that the driver was dangerous.
How to Seek Justice for Rideshare Sexual Assault?
Our attorneys at Cutter Law have many years of experience in dealing with Uber and Lyft sexual assaults and other allegations of serious sexual assault. Our law firm can offer you important advice about your legal rights and options, and we can help you build your case after a sexual assault.
Helpful Sexual Assault Resources
If you have been a victim of sexual assault, there are numerous resources available. First, each state maintains its sexual assault hotline or reporting service. Conduct an internet search for your state. You can also contact the National Center for Victims of Crime at 1-844-4VICTIM to learn about your legal rights. Additionally, Safe Horizon is an excellent resource for survivors of domestic violence and victims of rape, abuse, incest, and sexual assault. They maintain a free, 24/7 phone number, at 1-800-621-HOPE, with counselors on call to help. Finally, you can also contact the National Sexual Assault Hotline at 1-800-656-HOPE to report sexual assault.
If you or someone you know was sexually assaulted while using a ride-sharing app, our knowledgeable sexual assault lawyers here at Cutter Law can help you understand your legal rights. Contact us today for a free case evaluation.
