Florida Sexual Abuse Lawyers

Florida Sexual Abuse Lawyers

Statistics suggest that sexual abuse is more common than many people realize. According to RAINN (Rape, Abuse & Incest National Network), an American experiences sexual assault every 68 seconds, on average. Survivors of this type of violence come from all backgrounds and are all ages.

For many, the path to healing is a challenging one, and many survivors have shared that the health care systems and justice systems do not always support them. Many survivors are not always told their options.

Here, the team at Flaxman Law Group wants to share the possible personal injury claims survivors may have for Florida sexual violence. If you’re the survivor of sexual assault or abuse and are wondering whether you may have a claim, contact the Florida sexual abuse lawyers at Flaxman Law Group. Our offices in Miami, Homestead, and Hollywood are here to help you get answers and to understand your options for a claim. Your consultation with us is free, confidential, and comes with no obligation.

Civil Personal Injury Process vs. Criminal Sexual Assault Proceedings in Florida

Survivors of sexual assault in Florida may have the right to pursue justice through two separate legal channels: the criminal system and the civil court.

Most survivors know that they can report the crime to authorities and that perpetrators can be charged. In Florida, there are many kinds of sexual crimes. Among them are the following:

  • Sexual assault, also known as sexual battery or rape, is defined as any non-consensual penetration (Florida Statutes Chapter 794).
  • Indecent exposure is defined as exposing one’s genitals on another person’s property or on public property (Florida Statutes Chapter 800).
  • Child pornography is defined under Florida Statutes Chapter 827 as the production, possession, or distribution of any moving or still images showing minors in a sexual way.
  • Lewd and lascivious acts, under Florida Statutes Chapter 800, as sexually touching or engaging in any sexual activity with anyone under the age of 16.
  • Cyber sexual harassment, under Florida Statutes Section 784.049, refers to any activity where explicit images or video are taken or posted without consent.
  • Human trafficking offenses are any instances of using coercion, force, or pressure to sexually exploit a person (these cases can be prosecuted as RICO offenses as organized crime).
  • Sexual harassment in the workplace is seen as any sexual advances, requests for sexual favors, or unreasonable sexual activity in the workplace, and it is illegal under the Florida Civil Rights Act and Title VII of the Civil Rights Act.

In Florida, any unwanted sexual contact or any sexual activity where the survivor cannot provide consent is considered a crime. Coercing or pressuring someone into sexual acts, assaulting someone who cannot consent due to their age, inebriation, or mental incapacity or any other situation where sexual contact happens without full and knowing consent can be considered a sexual crime.

If you are not sure whether your situation is a form of sexual abuse, you can contact authorities or Florida sexual abuse lawyers, who can explain whether your case falls into one of the categories of sexual harm and can explain what you may be able to do next.

Usually, criminal charges happen when a survivor or their parents (in the case of a minor victim) report the crime to the authorities. When this happens, police investigate the situation and may press charges.

Criminal proceedings are brought by the state in most cases, though some sexual crimes, especially those where someone crosses state lines or where a case involves a minor, are federal offences.

The role of criminal charges is to punish the offender and, in some cases, to keep them imprisoned so they cannot harm others. In these cases, a prosecutor files charges, and the outcome may include jail time, probation, or registration as a sex offender.

With criminal charges, the survivor is not in control of how the case moves forward. The standard of proof is high—beyond a reasonable doubt—and sometimes criminal charges are never filed or result in acquittals.

At Flaxman Law Group, we have worked with many survivors of sexual violence who have reported that working with the criminal justice system is challenging. Survivors often do not get the justice they need. In some situations, cases are botched or perpetrators are not found guilty.

In many cases, survivors are asked for a lot. They are asked to provide testimony or to appear in court. This can be very traumatizing and upsetting, especially if the perpetrator is then given a minimal sentence or not found guilty at all. According to RAINN, in 975 out of 1,000 sexual assault cases, on average, the perpetrator will walk free. This can make it very difficult to secure justice for more survivors.

Fortunately, survivors of sexual violence have another option: a civil personal injury claim.

Civil personal injury claims are initiated by the survivor. These cases seek financial compensation for the harm suffered, including medical expenses, emotional distress, and other long-term impacts. This is very important, since survivors may face health bills or lose time at work due to the attack they have experienced. Financial compensation can help them pay for care, security, therapy, and other support they need.

The burden of proof is lower, meaning this can be a real path forward for survivors. While survivors will still need to discuss with their lawyer what happened, at Flaxman Law Group, we do everything we can to make the process as easy as possible on you. Our offices in Miami, Homestead, and Hollywood are here to support survivors across the region.

Crucially, a civil case can move forward even if there was no criminal conviction or prosecution. Survivors can choose to file a lawsuit against the individual who caused the harm, and in some cases, against third parties who failed to take reasonable steps to prevent the assault, such as employers, property owners, or institutions.

This can be important in cases where the perpetrator is never caught or charged. It also ensures that all parties are held liable. For example, if a senior is sexually abused in a nursing home and the nursing home fails to stop the abuse, the nursing home can be held accountable.

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Injuries and Losses Caused by Sexual Assault in Florida

One reason why talking to Florida sexual abuse lawyers is so important is because if you have survived sexual assault or any sexual violence, chances are that you face lasting physical, emotional, and financial harm. Survivors often carry the weight of these impacts long after the incident, and Florida law allows them to seek compensation through civil claims.

Physical injuries from sexual violence may include:

  • Bruises.
  • Broken bones.
  • Traumatic head injuries.
  • Strains and sprains.
  • Scarring.
  • Internal trauma.
  • Facial injuries.
  • Unwanted pregnancy.
  • Sexually transmitted infections.

Medical treatment may be needed immediately, and in some cases, ongoing care is required. This can become quite expensive. Survivors may need to pay for medication, surgeries to remove scars, and other medical costs. Many survivors visit an emergency room first, too, and the emergency room treatment can be expensive.

In the case of an unwanted pregnancy, survivors may need to visit a gynecologist and may need to pay for a lifetime of child care. Since 2024, abortion after the sixth week of pregnancy has been banned in Florida. While exceptions are allowed in cases of rape, sexual trafficking, and incest, women must provide evidence of these crimes to secure the exception. Not all survivors can prove they were abused or feel able to speak about the abuse to gain this exception.

The cost of a pregnancy is high. The birthing process alone in hospital can cover tens of thousands of dollars, and this does not include the care required during pregnancy. According to the Institute for Family Studies, the cost of raising a child to the age of 18 is $233,610 to $310,605, on average. Without compensation, this can be devastating.

In addition to medical treatment for physical injuries and pregnancy, the psychological and emotional injuries after a sexual attack can be profound. Many survivors experience symptoms of post-traumatic stress disorder (PTSD), anxiety, sleep disorders, depression, or difficulty maintaining personal relationships. Some survivors develop a fear of leaving their home and may struggle to return to work or regular activities. Their trauma can significantly impact their quality of life.

Therapy and counseling are often essential parts of recovery, and some survivors require medication, such as antidepressants. Some stay in therapy for years, which can be prohibitively expensive.

Additional financial losses may arise from missed work, lost job opportunities, or the cost of relocating for safety or peace of mind. Someone who is suffering depression after an attack, for example, may miss weeks or months or work. Some cannot return to their work, especially if the assault happened at work or involved a co-worker. Similarly, survivors may need to move out suddenly and face the expense of starting over if their attacker was a family member or a partner they lived with.

Civil claims can help offset these expenses and provide a sense of closure by holding the responsible parties financially accountable. With the financial resources from pursuing a civil claim, survivors may be able to pay for the help they need to rebuild their life, which can give them a better chance of healing.

If you’ve experienced sexual assault, it’s important to remember that you have rights under Florida law, both in the criminal justice system and in civil court. As a survivor, you may have the right to:

  • Pursue a civil lawsuit against your attacker, regardless of whether criminal charges were filed or resulted in conviction.
  • Hold third parties accountable, such as employers, schools, or property owners, if their negligence contributed to the circumstances of the assault.
  • Seek financial compensation for medical bills, therapy, lost income, emotional suffering, and other damages resulting from the assault.
  • Maintain privacy, as Florida law offers protections to help protect your identity.
  • Receive trauma-informed legal support, with attorneys who respect your story and are committed to advocating for your well-being.

To find out more about your rights following any sexual attack, contact Florida sexual abuse lawyers to discuss whether a civil claim may be the right option for you.

What Should I Do if I Suffered Sexual Abuse in Florida?

If you’ve experienced sexual abuse, above all please know this: you are not alone, and what happened to you is not your fault. Taking the first step after trauma is never easy, but there is help available.

Here are some important steps to consider if you or a loved one has suffered sexual abuse of any kind in Florida:

  • Prioritize Your Safety: If you are in immediate danger, call 911. Seek a safe environment and lean on trusted friends, family, or support services. Get away from the predator if you can.
  • Seek Medical Attention: Even if there are no visible injuries, medical care can be crucial for documenting the incident and protecting your health. A Sexual Assault Nurse Examiner (SANE) may perform a forensic exam if needed. Seeing a doctor can get you medical treatment right away and can help gather evidence, if possible.
  • Consider Reporting the Abuse: This is a difficult decision and ultimately your choice. However, this is something you will want to consider at some point.
    You can report the incident to law enforcement. Some survivors choose not to file a police report, and that does not prevent them from pursuing a civil case.
  • Document Everything You Can: Keep records of any communications, photographs, medical reports, or witness accounts that could support your claim later. These details may become important in a civil case. If it is painful for you to hold onto these materials, you can hand them over to your attorneys, who can secure this evidence for you.
  • Speak with an Experienced Attorney: A civil sexual abuse claim can hold your abuser (and other responsible parties) legally accountable. A compassionate attorney can explain your rights, guide you through the legal process, and help you decide what’s best for you.
  • Take Care of Your Emotional Well-being: Counseling, therapy, and support groups can be powerful tools in the healing journey. Florida has many survivor-centered resources available to help you feel supported and empowered.

Sexual abuse is not always violent or immediately reported. It can be subtle, manipulative, and carried out by individuals in positions of authority. Survivors may need time to process what happened, and Florida law increasingly recognizes that healing takes time. If you or someone you love was harmed, you may have the right to seek civil justice and compensation, even if the abuse happened years ago.

At the same time, speaking with Florida sexual abuse lawyers as soon as you can is also important. The sooner you speak with an attorney, the more quickly your attorney can inform you of any rights you have to seek compensation and the more quickly your attorney can secure evidence.

At the Hollywood, Homestead, and Miami offices of Flaxman Law Group, our team understands how challenging it can be for any survivor to speak about what happened. That’s why our team is empathetic and works hard to make you feel safe. Your initial consultation with us is free and confidential and comes with no obligation. In a supportive and no-pressure environment, we can review any personal injury claim you may have and we can address your questions.

Understanding Civil Sexual Assault Claims in Florida

While the criminal justice system may prosecute offenders, survivors of sexual violence also have the right to seek justice through civil court. A civil sexual assault claim in Florida allows survivors to hold their abuser, and potentially other negligent third parties, financially accountable for the harm they caused.

A civil case is about restoring some measure of control and compensation to the survivor. Civil claims can result in damages for pain and suffering, medical expenses, therapy costs, lost income, and more. In certain cases, courts may also award punitive damages to punish particularly egregious behavior and deter future misconduct.

Whether the assault occurred in a private setting, at a workplace, on school property, or in another institution, you may have the right to file a lawsuit. Civil sexual assault cases are not limited to criminal convictions. Many succeed even when law enforcement doesn’t bring charges or when criminal courts result in acquittals.

A civil claim usually begins with a free consultation with a personal injury attorney. In your consultation, your attorney will ask about what happened to make a determination about whether you may have a claim. In Florida, to have a personal injury claim you must be able to show that someone wilfully harmed you or was negligent, and that negligence led to your injuries.

Of course, the perpetrator may never be found, or may not have the assets to pay for compensation. Florida sexual abuse lawyers can also examine if anyone else was responsible. For example, if your attack occurred on a school campus, your attorney can review whether the school took adequate care to keep students and staff safe. Your attorneys can determine if the school knew of other attacks and failed to act. If so, you may have a claim against the school.

Your attorney will examine all possible avenues of pursuing a claim. If you do decide to file a claim, your attorney will take care of all the details. This will mean investigating the abuse, filing a legal claim, and negotiating with defendants and their insurance companies.

Many sexual assault claims are settled out of court. This means that all parties agree to a settlement amount and you get to walk away from the situation with financial resources to rebuild your life. If a settlement offer can’t be reached, our legal team is willing to go to court to seek fair compensation for you. We will take care of all the details of preparing for the trial, building a strong, evidence-based case that shows why you deserve fair financial recovery.

At Flaxman Law Group, our team understands that a claim can be challenging. That’s why we always keep you informed and do everything in our power to handle the details of your case, so you can focus on healing. Our offices in Miami, Homestead, and Hollywood are here to serve you.

We also work on a contingency fee basis, meaning you will not need to pay until and unless we secure a settlement or verdict in your favor. This way, you can pursue compensation without the financial pressure of upfront costs.

Who Can Be Held Liable in a Civil Sexual Assault Case?

In Florida, liability for sexual assault is not limited to the individual who committed the abuse. Civil law allows survivors to hold additional parties accountable if their negligence enabled or contributed to the harm.

This is important in civil claims because the perpetrator may not be caught or may not have the resources to pay for compensation. In addition, pursuing claims against all liable parties holds everyone who is accountable responsible for their role in the attack and can also improve the chances that you will get compensation.

Depending on the circumstances, possible defendants in your civil claim may include:

  • Employers who failed to act on complaints, did not conduct proper background checks on employees, or did not provide reasonable security at work.
  • Landlords or property owners who provided inadequate security in apartment complexes, hotels, parking lots, or other areas.
  • Religious institutions or schools that failed to protect students or congregants from known predators.
  • Transportation companies or rideshare services that failed to screen or monitor drivers.
  • Healthcare facilities or long-term care homes where abuse occurred under the supervision of staff.
  • Schools where security failed to act on known risks or failed to provide adequate security for students and other visitors.
  • Police officers and correctional facility staff who commit assault against those who have been detained or imprisoned or who fail to take reasonable precautions to keep individuals safe from harm.

By pursuing legal action, survivors not only seek justice for themselves but also help protect others from future harm. In many cases, when a civil claim is filed, the parties responsible make key changes because of the financial pressure they face from a claim. For example, if a nursing home is charged because of sexual abuse in the residence, they may start to vet staff more carefully or may hire security. This can help keep other residents safe and prevent future abuse.

In many cases, perpetrators hurt multiple individuals and multiple attacks happen on premises that are not secured. Not all survivors feel that they can come forward. When one person files a claim, it can encourage others to pursue justice, too. It can also allow other survivors to get a measure of justice, even if they don’t feel ready to go to authorities themselves.

How Long Do I Have to File a Civil Sexual Assault Lawsuit in Florida?

Statutes of limitations apply in personal injury cases to limit how long injured parties have to file a claim. This is meant to ensure that claims are filed in a reasonable amount of time.

However, Florida law recognizes that survivors may need time before they are ready to come forward. In some cases, the trauma may be repressed, or the survivor may feel unsafe or unsupported. In some cases, the survivor may continue to be under the control of the perpetrator or may be a minor and unable to file a claim.

For all these reasons, Florida allows some additional time to file a claim in some cases. For example, in the case of sexual abuse cases against minor children under the age of 16, those survivors can file a claim at any time, with the exception of claims that would have been time-barred before July 2010.

In addition, minors can file a claim any time within seven years of the time they turn 18. In cases where a survivor did not know about their injuries, they have four years from the time they did learn of their injuries. They have four years from the time they left the dependency of the perpetrator. For example, if someone has been trafficked, they may have four years from the time they left the situation to file a claim. There may be additional statutes of limitations and exceptions in other specific cases.

If you are a survivor, statutes of limitation can be challenging to understand, so the best course of action may be to consult an attorney as early as possible to understand how the law applies.

Civil cases involving institutions, public entities, or complex facts may also have notice requirements or shorter deadlines, so don’t wait to seek guidance.

Seeking a consultation from Florida sexual abuse lawyers as early as possible ensures you don’t miss deadlines and can help your case. Older cases are generally harder to pursue because perpetrators may have moved or passed away and institutions who are liable may have closed down or changed ownership. Evidence may not be available and memories of witnesses may fade.

Why Choose a Civil Attorney After Sexual Assault?

An experienced civil sexual assault attorney can help by:

  • Listening without judgment.
  • Explaining your legal rights in clear, compassionate language so you understand what your options are and so you can make decisions about what to do next from a position of strength.
  • Investigating the facts and gathering evidence so you have a strong case.
  • Filing all necessary documents and handling legal procedures.
  • Fighting for fair compensation so you have the ability to pay for the support you need to heal.
  • Helping protect your privacy throughout the process.
  • Keeping you informed about the progress of your case.

You deserve to work with someone who understands the courage it takes to come forward. More than any other personal injury lawyers, Florida sexual abuse lawyers take on challenging cases. If you need this kind of lawyer, you will want to find someone who has strong empathy and emotional intelligence. You will spend a lot of time with your attorney, and you need to feel comfortable with this person. You will also be sharing very difficult details about your situation, so you will need someone you can trust.

At Flaxman Law Group, we have created an empathetic and experienced legal team who has helped individuals and families deal with some of the most traumatic situations possible. We have been there for families who have lost children in tragic accidents and for individuals who have survived horrific assaults and have been brave enough to pursue justice.

We are a boutique, family-focused law firm with a father-son attorney team. Our team in Miami, Homestead, and Hollywood also includes women.

We believe in treating you like family, which to us means showing you compassion and care. It also means fighting as aggressively for you as you would fight for a member of your family.

At Flaxman Law Group, we have secured nearly one billion dollars for our clients. In both verdicts and settlements. We’re not afraid to pursue powerful defendants and their insurance companies and we work with a network of investigators, medical professionals, and other trusted experts who help us build strong cases.

What we’re most proud of is the relationships we have built with our clients. We work hard to make sure that our clients feel supported when they work with us, and we do all we can to make their lives easier. In turn, clients often recommend us to friends and family and stay in touch after working with us.

If you are a survivor of sexual abuse or violence of any kind and would like to know whether you have a claim, contact Flaxman Law Group today for a free consultation.

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