Understanding Sexual Assault
What Are Sexual Assault and Battery?
Florida law defines sexual assault and most related offenses under the term “sexual battery.” This term refers to any nonconsensual sexual contact or penetration. The law outlines several specific actions that count as sexual battery, including nonconsensual oral, anal, or vaginal penetration by another person’s sexual organ or other object.
Consent must be intelligent, knowing, and voluntary. Florida law clearly states that consent does not occur in situations where one person submits to another out of coercion. Also, consent is not present if the person is mentally incapacitated, physically unable to resist, or under the influence of drugs or alcohol given without their approval. State law also covers specific situations where offenders hold positions of power or authority, such as a law enforcement officer or a caretaker.
The severity of sexual battery charges can vary based on several factors, including:
- The age of the victim
- Whether the offender uses threats or physical force
- If the victim suffers any serious injuries
Types of Sexual Assualt and Abuse Cases
At Lehrman Law, we represent survivors of sexual assault and abuse in a variety of cases, seeking justice against perpetrators and negligent institutions:
- Sexual assault by hotel staff – Cases where employees exploit their access to guests.
- In-flight sexual assaults – Holding airlines accountable for failing to protect passengers.
- Massage parlor abuse – Cases involving inappropriate conduct by massage therapists.
- Workplace sexual harassment and assault – Including employer negligence in preventing abuse.
- Institutional abuse – Holding organizations liable for failing to protect victims.
No matter your circumstance, we will fight for the justice and compensation you deserve.
Who Commits Sexual Assault
Anyone can commit sexual assault, but in most cases, the perpetrator is someone the victim knows. Offenders may include friends, coworkers, supervisors, healthcare providers, teachers, or family members. Assaults often occur in settings where the victim feels safe, such as workplaces, hotels, or social gatherings. While strangers commit some attacks, the majority involve individuals who misuse their position of trust or authority to exploit and harm the victim.
The Law on Sexual Abuse in Florida
For the most severe cases, such as when an adult commits sexual battery against a child under 12, the crime is a capital felony. This can result in a sentence of life in prison or even the death penalty. If the victim is over 12 but under 18, and the assault involves no physical force or injury, it might be charged as a felony of the first degree. This is still punishable by lengthy prison terms. Individuals convicted of sexual battery in Florida must also register as sex offenders.
Legal Foundations
Survivors of sexual assault have the right to seek justice through both criminal and civil legal systems. Florida law provides protections and legal options for victims to hold perpetrators and negligent institutions accountable. Understanding the statute of limitations, legal steps, and eligibility to file a claim is critical for pursuing a case.
Florida Statute of Limitations for Filing a Sexual Abuse Claim
Florida law sets specific time limits for filing a civil lawsuit for sexual abuse. In 2023, Florida eliminated the statute of limitations for civil claims involving sexual assault of minors, allowing survivors to file at any time. For adult victims, the deadline varies depending on the circumstances. Generally, survivors have up to seven years from the date of the assault or four years from the time they discover the injury caused by the abuse. Consulting with an attorney ensures compliance with these legal deadlines.
Legal Steps to Take If You Are a Survivor of Sexual Assault
Taking legal action after sexual assault can feel overwhelming, but understanding the process can help. Survivors should:
- Seek medical care – A medical exam can document injuries and collect evidence.
- Report the assault – While not required for a civil case, filing a police report can support a claim.
- Preserve evidence – Keep clothing, messages, emails, and any documentation of the assault.
- Consult an attorney – A lawyer can guide survivors through legal options and protect their rights.
- File a civil lawsuit – Survivors can seek financial compensation from the perpetrator and responsible institutions.
- Consider counseling – Emotional support from professionals can help survivors navigate trauma and legal proceedings.
Each case is unique, and an attorney can help determine the best legal strategy based on the survivor’s specific situation.
Who Can Sue for Damages in a Sexual Assault or Molestation Case
Survivors of sexual assault or molestation can file a civil lawsuit against the perpetrator and any institution that enabled or failed to prevent the abuse. In cases involving minors, parents or legal guardians may file on behalf of the child. In wrongful death cases where a victim dies due to assault-related injuries or suicide, surviving family members may pursue a claim. Additionally, certain laws allow individuals who witness abuse or suffer secondary trauma to seek damages.
Pursuing Legal Action
How to Seek Justice After Sexual Assault or Molestation
Any survivor of sexual assault can file a civil lawsuit against their abuser in Florida. If the survivor is a minor, a parent or legal guardian can file the lawsuit on their behalf. Survivors can take civil action even if the state does not pursue criminal charges.
Who Can Be Sued Following a Sexual Assault or Molestation
You can sue the person or persons responsible for the assault and any third parties whose actions or negligence contributed to the incident. For example, employers, landlords, school administrators, or property owners could be liable if they failed to provide proper security or ignored warning signs that put you at risk.
Reporting Abuse/Assault to Law Enforcement
As a survivor, you can choose whether to report the assault to law enforcement. This can be a very personal and difficult choice, and you might choose to file a report immediately or wait. The decision is entirely up to you, and pursuing a civil lawsuit does not require reporting the incident. However, filing a police report can provide additional evidence that supports your civil case.
If you are considering a sexual assault lawsuit, you should know that legal time limits will apply to your case. These time limits depend on the circumstances of the assault. You typically have four years to file a claim for personal injury resulting from a sexual assault. However, cases involving minors often have extended time limits. In many situations, minors can file up to seven years after turning 18. An attorney can explain how the statute of limitations applies to your case and handle the process of preparing and pursuing the case in a timely manner.
Building Your Case
Evidence plays a key role in sexual assault cases, especially since these cases often come down to one person’s word against another’s. In civil cases, the burden of proof is lower than in criminal cases, but presenting clear and convincing evidence remains essential.
Evidence Needed to File a Sexual Abuse Lawsuit
Strong evidence can establish what happened, support your account, and demonstrate the harm you suffered. A lawyer can strengthen your case and build a compelling argument by gathering multiple types of evidence, such as:
- Survivor Testimony: Your account of the events is a central piece of evidence. Your lawyer can help you prepare to describe what happened in a clear and detailed manner.
- Witness Statements: If anyone saw the assault or the events leading up to or following it, their statements could confirm your account and provide additional information about the perpetrator’s behavior.
- Physical Evidence: Physical items like the clothes you were wearing at the time and any objects used during the assault can provide concrete proof of what occurred.
- Medical Records: If you received medical treatment after the assault, your medical records could show injuries consistent with your description of the assault.
- Expert Testimony: Sometimes, experts such as psychologists or forensic scientists can provide useful explanations of evidence or the impact of the assault on your life.
- Security Footage: If the assault occurred in an area with surveillance cameras, video footage can provide visual proof of parts of the incident or the assailant’s identity.
Proving a Sexual Assault or Molestation Case
Proving a sexual assault or molestation case requires strong evidence, but survivors should know that their testimony alone can be powerful. Courts consider multiple forms of evidence, including:
- Victim testimony – A survivor’s detailed account of what happened is critical.
- Medical records – Injuries, DNA evidence, and forensic exams can support the case.
- Witness statements – Testimonies from those who saw the assault or its aftermath.
- Electronic evidence – Text messages, emails, or social media posts from the perpetrator.
- Surveillance footage – Video from hotels, workplaces, or public areas.
- Past complaints – Prior misconduct by the perpetrator can establish a pattern of abuse.
Each case is different, but survivors deserve justice. At Lehrman Law, we provide compassionate legal guidance and fight aggressively to hold abusers accountable. If you or a loved one has suffered abuse, we are here to help you seek justice and closure.
The Legal Process
The legal process for pursuing a sexual assault lawsuit involves numerous steps. A sexual assault lawyer can help you understand what to expect during this process and guide you at each stage of your case.
What Is a Deposition?
For instance, before your case goes to trial, you will likely need to undergo a deposition. During depositions, both parties involved in a lawsuit give their accounts of the events under oath. Lawyers from both sides are present, and everything said gets recorded so each side can gather information and build their case.
Testify in Court
You might also need to testify in court in addition to participating in a deposition. Testifying gives you the opportunity to share your experience directly with the judge and possibly a jury. During your testimony, you will answer questions from your lawyer and cross-examination questions from the opposing lawyer. Your lawyer will prepare you extensively by helping you practice answering questions clearly and calmly.
Typical Timeframe to Resolve a Sexual Abuse Lawsuit
The duration of your sexual assault lawsuit can vary widely based on several factors. If the case is relatively straightforward, it could be resolved in a few months, while it could take years if it’s more complex. Factors that could influence the timeline include the number of parties involved, the complexity of the evidence, and the court’s schedule. Your lawyer will guide you through each phase and help you manage your expectations based on how your case develops.
Case Considerations for Survivors
Filing a Lawsuit Anonymously
If you decide to file a civil lawsuit, you might have concerns about privacy and the implications of criminal proceedings against the perpetrator. For instance, you might worry about your name becoming public if you file a lawsuit. If so, you should know that survivors can request to file their lawsuits under pseudonyms to protect their identities.
Will My Name Be Publicly Disclosed?
The final decision rests with the court, and the request must show valid reasons why anonymity is necessary. Additionally, if you choose to file a case under your real name, certain details might still be kept confidential throughout the legal proceedings to protect you.
Pursuing Legal Action If the Perpetrator Was Never Criminally Charged
You can file a civil lawsuit for sexual assault regardless of whether the perpetrator was criminally charged. The legal requirements for proving a case in civil court are different and generally less stringent than those in criminal court.
What If My Attacker Was Found Not Guilty?
You also have the opportunity to seek justice even if the criminal case did not lead to a conviction. A not guilty verdict in criminal court does not influence the determination of liability in a civil court.
Damages and Compensation for Sexual Assault Cases
The Goal of Sexual Assault Lawsuits
The primary goal of a civil sexual assault lawsuit is to seek justice and compensation for the harm the survivor has endured. This compensation isn’t just about money. It’s about recognizing the wrong that was done and providing the survivor with resources for recovery.
Recovering Damages for Sexual Assault
There are several types of damages (money) you can recover, including:
- Economic Damages: These cover all the financial expenses related to the assault, such as medical bills for physical or psychological care, costs of therapy, and lost wages if you had to miss work. This type of compensation is meant to reimburse you for out-of-pocket costs you incurred because of the assault.
- Non-Economic Damages: These damages are for intangible losses that don’t have a specific dollar amount. This includes pain and suffering, emotional distress, loss of enjoyment of life, and the psychological impact of the assault, such as anxiety, depression, and post-traumatic stress.
- Punitive Damages: These are awarded in cases where the perpetrator’s actions were especially malicious or egregious. Punitive damages are not meant to compensate you but rather to punish the wrongdoer and deter similar misconduct in the future.
Who Else Can Be Held Accountable for My Attack?
Beyond the perpetrator, other parties may be legally responsible for enabling the assault. Employers, hotels, schools, landlords, and other institutions can be held liable if they fail to prevent abuse, ignore complaints, or hire known offenders. Businesses that lack proper security or fail to protect guests and employees may also face legal consequences. At Lehrman Law, we fight to hold all responsible parties accountable, ensuring survivors get the justice and compensation they deserve.
Legal Support and Guidance
Why You Need an Attorney After Suffering Sexual Abuse in Florida
If you have suffered sexual abuse in Florida, an attorney can provide essential support that greatly improves the chances of a favorable outcome to your legal case.
Navigating the Complexities of Sexual Assault Claims
Your lawyer will understand the complex laws surrounding sexual abuse cases in Florida and can use this understanding to navigate the legal system efficiently. They can build a strong case on your behalf by filing all necessary paperwork correctly and meeting legal deadlines.
Your attorney can handle all communication with the other parties involved, including the perpetrator’s legal team and insurance companies. This removes the burden from you and protects you from potentially manipulative tactics that could weaken your case.
Sexual assault lawyers can also gather and organize the evidence necessary to support your claim. This might include collecting medical records, arranging testimony from experts, and securing witness statements. A well-documented case is often more compelling in court or in settlement negotiations.
Finally, your attorney can represent you in court and present your case clearly and forcefully. If your case goes to trial, having an experienced lawyer who knows how to argue effectively in front of a judge and jury can make a significant difference in the outcome.
The Importance of Timely Action
Taking legal action as soon as possible can strengthen a survivor’s case. Evidence, witness memories, and medical records are most effective when preserved early. Additionally, Florida’s statute of limitations may affect a survivor’s right to file. Seeking legal counsel promptly ensures the best chance of holding perpetrators accountable.
Holistic Support for Sexual Assault Survivors
Healing from sexual assault requires more than legal action—it involves emotional and psychological support. Therapy, support groups, and advocacy organizations can provide survivors with the resources they need to rebuild their lives. At Lehrman Law, we not only fight for justice but also connect survivors with compassionate professionals who can help.
About Our Firm
If you’re a survivor of sexual assault seeking justice, Lehrman Law is here to stand by you every step of the way. Our firm is committed to providing the compassionate and effective legal representation you deserve. We understand the profound impact sexual assault can have and approach each case with the sensitivity and confidentiality it requires.
Our Florida Law Firm's Experience with Sexual Assault Cases
At Lehrman Law, we represent survivors of sexual assault in various environments, including on cruise ships, in foster care, hotels, massage establishments, rideshares, schools, universities, and workplaces. Our legal team has extensive experience in building strong civil lawsuits to secure the compensation you deserve for emotional distress, medical expenses, and more.
Why Choose Our Sexual Assault Lawyers?
Our attorneys and staff are not only skilled legal professionals but are also certified Trauma Informed Care Legal Professionals. This training, accredited by the National Center for Equity & Agency, enables us to handle your case with the utmost care and support your healing.
We provide personalized guidance through every stage of the legal process, from your initial consultation to courtroom representation. Our approach goes beyond legal advocacy. When you come to us for help, we offer emotional support and connect you with resources to aid your recovery. Choosing Lehrman Law means partnering with a team committed to achieving justice for you while supporting your journey toward recovery.
Handling Cases Outside of Florida
Lehrman Law represents sexual assault survivors nationwide. While based in Florida, we collaborate with trusted attorneys across the country to provide skilled legal advocacy. Whether your case involves a hotel, airline, workplace, or other institution, we can help you pursue justice, no matter where the assault occurred.
Contact Our Florida Sexual Assault Attorneys
If you’re looking to take action after a sexual assault, contact Lehrman Law for an initial consultation. Our dedicated and compassionate team is here to help you understand your legal options, demand accountability, and fight for the recovery you deserve.
