Thanks to apps that make getting a meal as simple as tapping a screen, food delivery workers have become a frequent and normal part of many people's daily lives. However, as the popularity of apps like Uber Eats, Instacart, and DoorDash has grown, so have reports of inappropriate and violent interactions between delivery workers and customers.

As more and more stories of sexual assaults involving app-based delivery companies make headlines across the country, many are raising concerns about the safety issues facing customers and delivery workers themselves. 

In this post, we’ll look at some of the circumstances behind these violent encounters, outline the rights of Texas food delivery worker sexual assault survivors, and explain how to get help should you find yourself in this unfortunate position.

How Food Delivery Sexual Assaults Happen

The rapid expansion of app delivery companies during and after the pandemic relied on a hiring surge of “gig” workers to meet the desire for goods and services on demand. This period also normalized one-on-one interactions between delivery workers and consumers in a unique space: the customer’s home. Unfortunately, some individuals have used this private setting to commit violating and violent acts. My research into reporting on recent delivery incidents revealed a variety of cases of workers exploiting personal information or access to a customer’s home to engage in sexual misconduct, including:

• Unwanted sexual advances,
• Groping or inappropriately touching customers,
• Harassing or threatening text messages,
• Stalking, and
• Rape.

These horrifying incidents raise questions and alarm about the vetting practices that Uber Eats, Instacart, and other app delivery services use when hiring workers. 

Importantly, customers are not the only ones at risk of violation during a delivery. There are numerous reports of food delivery workers themselves facing sexual assault at the hands of customers, including:

• An attempted rape of a driver after her delivery,
• An Uber Eats driver sexually assaulted in Oklahoma, and
• A customer who raped a delivery driver at knifepoint.

Adding to the vulnerability of delivery workers to harassment and assault, workers who are independent contractors also lack the employer protections that could help them in the wake of a violent attack, e.g., workers’ compensation and health insurance. As a result, there’s very little reporting information available about the extent of sexual assault delivery workers suffer on the job. However, considering that as many as two-thirds of sexual assaults nationwide go unreported, it’s likely that these violent acts are happening much more often than we know.

Understanding the Law in Texas Food Delivery Worker Sexual Assault Cases

Texas law is clear: non-consensual sexual conduct is a felony crime. In Texas, sexual assault can involve several different forms of coerced or unwanted sexual contact. Perpetrators convicted of sexual assault can face serious prison time—especially if physical violence or a weapon is involved.

In a legal context, criminal sexual assault charges aim to punish the perpetrator and protect others from future violence. However, survivors of sexual assault may also have the option of filing a civil lawsuit against a perpetrator or their company. Victims can sue to recover compensation for the harm they suffered due to another’s negligence. 

As businesses, app-based delivery companies like Uber Eats, Instacart, and DoorDash have a duty to take reasonable precautions to protect the safety of customers and workers, including:

• Conducting background checks on delivery workers, 
• Offering safety training, and 
• Establishing procedures for reporting and addressing violence. 

When someone is harmed because a company failed to take protective actions as part of its duty of care, the company can be held legally responsible. For example, if a delivery company didn’t thoroughly vet a food delivery worker with a history of sexual offenses and that worker assaulted a customer, the customer could sue the company for negligence. If found liable, the company may owe financial compensation to the survivor.

Steps to Take If You’re Sexually Assaulted

Sexual assault can leave survivors feeling shocked and paralyzed. However, there are some critical, immediate steps to know that can help you protect yourself and your legal rights:

• Call 911. Your first priority should be getting to safety. When you can, call the police for help.
• Get medical attention. Go to the nearest hospital and have a medical evaluation. Even if your injuries seem minor, a doctor can ensure you get proper treatment and collect any potential evidence.
• Report the incident. File a report with the police and food delivery company, sharing as much detail as possible about your attacker. 
• Contact a legal professional. Getting in touch with an attorney can help ensure you’re properly informed about the legal protections and options available to survivors.

Even if you’re unsure you want to pursue a legal claim, consulting with an attorney is a good idea. A lawyer can evaluate your case, help you understand your rights, and guide you through a potential legal process.

Skilled and Compassionate Legal Support

As an attorney who’s been fighting for injured Texans for over 30 years, I understand the devastating and lifelong impact that sexual assault can have on survivors. Nothing can erase the pain you’ve suffered. However, with proper legal support, survivors can find justice and respite by holding the responsible parties accountable. The legal team at Grossman Law Offices is known throughout Texas for our skill and dedication to clients who’ve suffered serious and traumatic injuries. To learn more about our services, contact our office to schedule a free consultation.