Yes, definitely possible to sue for a rape that occurred if it was due to the negligence of the apartment building owner. And to determine whether it was or not, you have to look at several different factors. For example, was this an apartment building where there had been crimes that had been committed in the recent past, and if so, did the owner take any action to make the apartment building safer, such as if these crimes were happening at night, or even if not, in this type of situation, did they add more lighting, more illumination. Did they put on security staff? Or more security guards? Did they ensure, if it was a gated community, that the gate was kept closed at all times? Or did they leave it open very often which would cause it to be unsafe. If there was a fence around the apartment complex, was it broken? Was it easy to come in through the fence?
Was there any type of negligent action that they took that could have led to the rape? Were there security cameras? While they’re not required, if these crimes were happening, did they put up cameras to add to their level of security? All these different things would need to be looked at, but the bottom line is, was there a dangerous condition that existed that the owner knew of or should have known of taken action to remedy, to fix. And if not, they definitely could be negligent and they could be liable to you for this rape that occurred.