Sexual Assault Lawyer

Miami, Florida

Incidents of sexual assault, battery, and rape affect countless victims across the country each year. To make matters worse, according to the National Sexual Violence Resource Center, 63% of sexual assaults are never even reported.

Victims can experience many different emotions after a sexual assault, ranging from: sadness, stress, anxiety, anger, powerlessness, and fear. You probably have many unanswered questions, but may not be ready to speak to someone just yet. Here are some of the common questions our clients have after they have been the victim of a sexual assault.

What Is Sexual Assault?

Sexual assault commonly refers to any type of sexual behavior that occur without the explicit consent of the victim. Some forms of sexual assault include: unwanted kissing, fondling, sexual touching, or forcing the victim to perform a sex act. According to federal, state, or tribal law, sexual assault is defined as any identified non-consensual act that is prohibited by law. Certain sex acts can also qualify as sexual assault, based on the victim's inability to consent due to age or impairment.

Many people may not report a sexual assault because they don’t believe that what happened to them is an assault in the eyes of the law or they think the authorities won’t believe them. Others may not report a sexual assault, because they are afraid of being blamed. The most important thing you should know is that it is never the victim’s fault that they were sexually assaulted.

Can I remain anonymous?

We understand that keeping your case as confidential as possible may be one of your top priorities. However, depending on whether you want to pursue a criminal case, a civil case, or both, this may change your level of anonymity. For more information, ask a qualified sexual assault lawyer in Miami what your options are when it comes to keeping your case as confidential as possible.

While we believe it is imperative that you file charges against the perpetrator, whether you know them or not, we understand reporting a sexual assault to the police is incredibly difficult. But if you do not speak out against the abuse, this may embolden your abuser to continue assaulting others. If you have been sexually assaulted and are hesitant to discuss this with the officer of a different sex, you have the right to request a police officer of the same sex to take your statement. While you may have to confront your accuser and testify at trial, depending on the law in your jurisdiction, there are mechanisms in place to prevent your identity from being disclosed to the public.

If you are bringing a civil claim for sexual assault, then your identity can be kept confidential until you file a lawsuit. Even if you do file a civil lawsuit, privacy laws typically allow you to file a complaint using your initials or "Jane Doe". Even if you do testify at trial in a civil lawsuit, the trial court usually has the ability to prevent your information from being shared with anyone not directly involved in the case. While it is not possibly to remain completely anonymous, the legal system does have different mechanisms that will ensure your name is kept from public disclosure, while your abuser is still held accountable.

How Do I Know Whether I Have a Valid Sexual Assault Claim in Florida?

Sexual assault in the state of Florida is both a crime and a civil offense. You may be entitled to file a lawsuit for damages in civil court even if the criminal case against your attacker is still pending.

You do have the right to sue your attacker for damages. You may also have the right to sue anyone else whose carelessness or reckless actions allowed the sexual assault to happen. These lawsuits are almost always based on negligence. The basic premise behind your claim is that you wouldn’t have gotten assaulted if the third party had acted reasonably to prevent the criminal act.

Property owners are required to provide reasonable security for invited guests and visitors. Florida premise liability laws allow victims of crimes to hold property owners liable for negligent security. More specifically, you can recover compensation if the owner failed to take reasonable steps to prevent foreseeable criminal activity on their property.

What constitutes “reasonable security” can vary depending on where the property is located, the type of business, and whether any criminal acts had occurred on the property in the past. Reasonable security might include:

Hiring security guards
Installing security cameras
Installing fences and gates
Making sure all locks are working
Providing adequate lighting in parking lots, alleys, and hallways

Failing to take these security measures can be considered a form of negligence. In other words, the owner may have breached a legal duty of care to you and contributed to you being sexually assault.

Who is Liable in a Sexual Assault Case?

In a sexual assault case, the following people can be held liable for your attack:

Perpetrator of the assault
Property owners
Employers
Hotels
Bars, restaurants, or nightclubs
Business owners
Colleges and universities
Hospitals/Nursing Homes
Government entities
Schools or daycare
Places of worship
Supervisory Personnel

What can I do if my Child has Been Sexually Abused?

Parents do everything humanly possible to protect their children from harm. Learning that your child has been abused by someone you know or someone you thought you could trust, can make you feel as if you are suffocating. While you cannot reverse the tragic events that occurred, you can fight aggressively to make sure that your child has the best possible future and make sure that the perpetrator never does this again. We welcome and encourage you to contact us right away to learn more about filing a claim against:

Teachers, administrators, school volunteers, and other staff members
The school district
Foster parents
Child Protective Services
Church or Clergy members and staff
Sports coaches
Boy Scouts of America or other child organizations
Other children or students
Daycare centers and staff members
Any other caregiver that failed to protect your child from assault

What is the Statue of Limitations for Sexual Assault in Florida?

"Statutes of limitations" are, in essence, filing deadlines. The victim of a sexual assault only has a certain about of time to press criminal charges or file a civil lawsuit. The statute of limitations changes depending on whether you are bringing a criminal complaint or a civil claim.

Criminal

Every state and the federal government have their own separate statutes of limitations for different types of crimes. These time deadlines do apply to the prosecutor in a sexual assault or rape case. If the statute of limitations passes, the court will dismiss the charges. However, in some cases the statute of limitations does not exist, and a victim may file criminal charges at any time. In Florida, the statute of limitations changes based on the classification of the crime.

Capital Felony Offenses - no statute of limitations or time deadlines.
First-degree Felony - the state attorney is required to file charges against the accused within four years of the commission of the crime.
Second- or Third-Degree Felonies - the state attorney must file charges within three years.

Civil

In contrast to when bringing criminal charges, no matter the kind of sexual assault you have experienced, in the State of Florida you must file a lawsuit within two years from the date of the assault. Due to recent changes in the law, Florida now has a two-year statute of limitations for any tort claims. This means if your lawsuit is not filed within the two year time frame, then the court may dismiss your sexual assault claims forever. If you want to know if you can still make a claim for a sexual assault, rape, or other unwanted touching; speak with one of our qualified sexual assault lawyers today.

At The G Law Group our top-rated Miami sexual assault lawyers understand how difficult it can be for victims to speak up about their experiences. We want you to know that we are on your side, and we want to help you get justice. Our firm strongly believes in holding sexual offenders responsible, legally and financially. It is not only part of our professional calling, but it is also our personal mission. Call us at (305) 486-7468 or click the link below to schedule a free case evaluation with one of our qualified sexual assault lawyers today. You can also check out our resources page for additional assistance.