If you are here, chances are something unspeakable has happened to you or someone you love. At Chiappetta Trial Lawyers, we see you. We believe you. And we are here to help.
This page is for survivors of sexual battery in Florida who are looking to understand their rights under civil law. Whether or not the person who harmed you has been arrested or convicted, you may still have the ability to pursue civil action. A civil lawsuit can allow you to seek accountability and compensation for what you have endured.
You do not need to navigate this alone. When you are ready, a Florida sexual battery lawyer from Chiappetta Trial Lawyers is here to listen, support, and fight for you.
Key Takeaways
- Survivors of sexual battery in Florida have the right to pursue civil lawsuits for accountability and compensation, even if no criminal conviction exists.
- Civil cases recognize both physical and psychological harm, and can hold not only the perpetrator but also other responsible parties legally liable.
- Chiappetta Trial Lawyers offers trauma-informed, survivor-centered support to guide and fight for victims throughout the civil litigation process.
What Is Sexual Battery in Florida?
Under Florida Statute §774.011, sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, without that person’s consent.
What that means in simpler terms is this: sexual battery is a crime of physical violation. It is not about miscommunication or “misunderstanding consent.” It is about power, control, and abuse. And Florida law makes it very clear that it is a serious offense.
It is also important to note that aggravated sexual battery involves additional elements such as the use of a weapon, threats of violence, or physical force that causes injury. These cases may carry even more serious consequences, both in court and in the lives of survivors.
Sexual Battery vs. Sexual Assault
These terms are often used interchangeably, but in Florida, they are not the same. Sexual assault refers to the threat or attempt to commit a sexual act without consent. Sexual battery, on the other hand, involves actual physical contact.
Think of it this way: assault is about the fear, the threat, the looming violation; battery is when that violation crosses the line into physical contact. Assault might involve someone cornering you, threatening you, or trying to force themselves on you. Battery occurs when someone succeeds in that intent, violating your physical boundaries.
This distinction is not just legal jargon. It matters. In criminal proceedings, the difference can determine the charges filed and the penalties pursued. In civil cases, it can guide the approach we take to hold the responsible parties accountable. Understanding the specifics of what happened helps ensure the legal response is aligned with the harm that was done.
At Chiappetta Trial Lawyers, our sexual assault and battery lawyers take the time to understand precisely what you experienced, not to put a label on it, but to build a case that reflects the truth of what occurred and the full scope of how it affected your life.
In Florida, sexual assault refers to the threat or attempt to commit a sexual act without consent, while sexual battery involves actual physical contact.
Can You Sue for Sexual Battery in Florida?
Florida law allows survivors of sexual battery to pursue civil lawsuits against their abuser and, in some cases, other parties who contributed to the harm.
It is not uncommon for survivors to believe that unless there is a criminal conviction, there is no other legal path forward. That is not true. A civil lawsuit allows you to hold someone accountable, not just in the eyes of the law, but in a way that acknowledges the harm done to you, personally and privately.
Unlike a criminal case, which is brought by the state and focuses on punishing the offender, a civil case is brought by you. The goal is to seek compensation for what was taken from you (whether it be your safety, your peace of mind, your ability to live without fear, or all the above) and to reclaim a measure of control in a situation where you were stripped of it.
And here is something essential to know: even if the person who harmed you was never arrested, or if they stood trial and were found not guilty, that does not prevent you from filing a lawsuit. The legal standards are different. In criminal court, prosecutors must prove guilt “beyond a reasonable doubt.” In civil court, you need only show that it is more likely than not that the abuse occurred. This lower burden of proof often gives survivors a meaningful opportunity to achieve justice even when the criminal system falls short.
If you are wondering whether your experience meets the threshold for civil litigation, we encourage you to speak with us. Every story matters, and every survivor deserves to understand their options.
What Damages Can You Pursue in a Sexual Battery Lawsuit?
The emotional, physical, and financial toll of sexual battery can leave survivors navigating a complicated path toward healing. Civil litigation may help provide resources that make that path just a little more manageable.
You may be entitled to seek compensation for the cost of urgent medical care in the aftermath of the assault, as well as the long-term health needs that follow, such as doctor visits, treatments, medications, or surgeries. If you have sought therapy, counseling, or any form of trauma recovery care, those expenses can also be part of your claim. And for many survivors, the ability to work or maintain steady employment is impacted, too. Civil lawsuits can account for lost wages or even future earning potential that has been compromised.
But not every harm leaves a visible scar. Civil damages can also recognize the psychological wounds, post-traumatic stress, anxiety, depression, sleep disruption, and many other ways trauma infiltrates daily life.
Who Can Be Held Liable in a Florida Sexual Battery Case?
When most people think about filing a lawsuit, they think only of the individual who committed the act. But under Florida civil law, others may also be held responsible if they created or failed to prevent the conditions that allowed the act to happen. These may include:
- Employers who failed to screen employees or ignored warning signs
- Schools or universities that did not respond to reports of misconduct
- Religious institutions that protected known offenders
- Property owners or businesses that were unable to provide adequate security
In some cases, third-party negligence is a significant factor. For example, if a hotel did not maintain working security locks or a rideshare company ignored prior complaints against a driver, those entities may be liable as well.
Identifying all responsible parties is critical to making sure you receive the fullest measure of justice.
Why Choose Chiappetta Trial Lawyers for Your Battery Case?
Sexual battery cases are deeply personal. You deserve a legal team that understands that this is not just a case; it is your life. At Chiappetta Trial Lawyers, we take a trauma-informed, survivor-centered approach to every matter we handle.
That means:
- We will listen without judgment and honor your choices
- We will protect your privacy and dignity throughout the legal process
- We will explain your options in clear, accessible language
- We will fight tirelessly to hold wrongdoers accountable and pursue every avenue for justice
We are not here to speak for you. We are here to stand beside you and amplify your voice.
Florida Battery Lawyer: FAQs
What is the Statute of Limitations for Sexual Battery in Florida?
The timeline for filing a lawsuit can vary based on the specifics of your case. In some cases, there is no statute of limitations, while in others, you may only have eight years. Speaking with an attorney as soon as possible can help clarify your rights.
What if the Person Who Harmed Me Wasn’t Convicted?
You can still file a civil lawsuit even if there was no criminal conviction. Civil courts have a different standard of proof, and many survivors find accountability and justice through civil litigation even when the criminal system fails them.
Can I File a Sexual Battery Lawsuit Anonymously?
In some cases, yes. Florida courts may allow survivors to file lawsuits under pseudonyms or sealed records, especially in sensitive matters. We can work with the court to request this protection on your behalf.
How Long Does a Sexual Battery Case Take in Florida?
There is no one-size-fits-all answer. Some cases resolve through settlement in a matter of months; others may go to trial and take longer. What matters most is building a case that genuinely reflects your experience and your needs. We will move at your pace, not anyone else’s.
Legal Action Won’t Change What Happened, But It Can Help Shape Your Future
We know that legal action cannot undo the trauma you have endured. But it can help restore a sense of control. It can bring accountability. And in many cases, it can provide the resources survivors need to heal and rebuild. It also sends a powerful message: that what happened to you matters, that it was not your fault, and that your voice deserves to be heard in a court of law.
When you are ready, know that a Florida sexual battery lawyer at Chiappetta Trial Lawyers is here to stand with you. We will listen, believe, and act. Contact us for a free, confidential consultation when you are ready to begin.
