Sexual assault is one of the most deeply traumatic experiences a person can go through. In addition to any physical injuries, the emotional and psychological impact can be long-lasting. While holding the perpetrator criminally accountable may offer a measure of justice, survivors also have the right to seek financial compensation for the harm they’ve endured.
At Chiappetta Trial Lawyers, our Florida sexual assault attorneys are committed to standing with survivors. We take a trauma-informed, survivor-first approach to every case, always prioritizing your safety, autonomy, and well-being. Contact us for a free and completely confidential consultation to talk about your legal options and how we can help you move forward.
Key Takeaways
- Survivors of sexual assault in Florida can pursue civil lawsuits for justice and compensation, even if no criminal charges are filed.
- In addition to suing the perpetrator, survivors may also hold institutions accountable if their negligence contributed to the assault.
- Chiappetta Trial Lawyers takes a trauma-informed, survivor-first approach to helping clients navigate the legal process with care and confidentiality.
What Is Considered Sexual Assault in Florida?
Survivors of sexual assault may not always be sure whether their experience meets the legal definition of assault, especially since the legal system can draw confusing lines between criminal and civil cases.
In Florida, criminal sexual assault laws are often more narrow and require specific actions to justify arrest or prosecution. But civil law offers broader protections, allowing survivors to pursue compensation even if no arrest was made or criminal conviction secured.
Under civil law, you may be able to file a lawsuit for sexual battery (unwanted and intentional physical contact) or sexual assault (when someone’s threatening or aggressive behavior causes you to fear imminent harm). The key element is that the act was intentional, meaning the person deliberately engaged in the conduct, even if they didn’t intend to cause harm. For instance, unwanted groping, grabbing, or threatening gestures could all qualify depending on the context.
Understanding Your Legal Options: Is Sexual Assault a Civil or Criminal Case?
The same act of sexual assault can lead to both a criminal and a civil case. A civil case is a lawsuit filed by a survivor against the person (or people) responsible for the assault. A criminal case, on the other hand, is brought by the state and focuses on punishing the perpetrator for violating the law.
One key difference between the two is the burden of proof. In a criminal case, the prosecutor must prove the accused is guilty beyond a reasonable doubt, which is a very high standard. In a civil case, your attorney only needs to show that it’s more likely than not, just over a 50% chance, that the assault or battery occurred. This makes civil cases generally easier to win, even if no criminal conviction is ever secured.
Another important distinction is the outcome. If you win a civil case, the person who harmed you must pay compensation for what you’ve been through. If the state wins a criminal case, the perpetrator may face jail time, fines, or other penalties.
How a Florida Sexual Assault Lawyer at Chiappetta Trial Lawyers Can Put Power Back in Your Hands
When you’ve experienced something as traumatic as sexual assault, taking legal action can feel overwhelming. At Chiappetta Trial Lawyers, we’re here to make the process as comfortable and stress-free as possible. Our attorneys have extensive experience handling sexual assault lawsuits, and we approach every case with compassion, discretion, and determination.
When you work with us, we’ll do more than file legal paperwork. We’ll listen to your story, help you understand your rights, and build a personalized strategy to move your case forward. Our services include:
- Gathering evidence to support your claim
- Identifying all responsible parties, including individuals or institutions that failed to prevent the assault
- Filing insurance claims and negotiating for fair compensation
- Taking your case to court if needed, and advocating for a just award
We know legal action is only one piece of the healing process. In addition to handling your case, we can connect you with trusted resources, including therapists, support groups, and crisis counselors. When you’re ready to take the next step, contact us for a free consultation.
Civil sexual assault cases are generally easier to win than criminal cases.
We Support Survivors in All Types of Florida Sexual Assault Cases
National sexual assault statistics show that over 80% of women and 40% of men experience sexual harassment or assault during their lifetimes. These unwarranted acts can happen anywhere. Common types of sexual assault cases we handle include:
Relationship Assault: Many people are assaulted by a romantic or dating partner. Spouses and ex-spouses are also common perpetrators of sexual assault. These incidents can happen when a person violates the sexual boundaries in a relationship without consent.
Uber Sexual Assault: Rideshare companies had a reputation for many years for underreporting and covering up sexual assaults. While these companies have tried to improve their checks into drivers’ backgrounds, some bad actors still slip through.
Military Sexual Assault: The military also has a reputation for covering up sexual assaults by service members against other service members or civilians. If that happened to you, you may have a case against the government for military sexual assault. The rules in these cases differ from those for civilian lawsuits. Fortunately, our lawyers have relevant experience and are prepared to help.
Co-Worker Sexual Assault: Co-worker sexual assault can occur in any industry. It can also happen after hours or while traveling for business purposes. Sometimes, these assaults involve other harmful acts like threatening the victim’s career or stalking them.
Elderly Sexual Assault: Seniors are particularly vulnerable to sexual assault, especially in residential settings like nursing homes or assisted living centers. Those living with memory disorders like Alzheimer’s disease or dementia are at even greater risk, as their impairments can make it harder to identify, resist, or report abuse.
Child Sexual Assault: Unfortunately, school, church, camp, youth activity, and daycare sexual assault incidents are all too common. Some people prey on children, viewing them as easy targets who might not understand or report what happened to them.
Hotel Sexual Assault: Hotels have a responsibility to take reasonable security measures to protect guests. If lax security led to a sexual assault, the hotel may face a civil lawsuit.
Law Enforcement Sexual Assault: Law enforcement officers are tasked with protecting the public. However, some officers betray the public’s trust and commit sexual assault. The most common scenario occurs when an officer assaults a detainee. Other officers coerce suspects into unwanted sexual contact through intimidation and threats.
Medical Sexual Assault: Another betrayal of trust occurs when a doctor or nurse assaults a patient. This type of assault can occur under the guise of a legitimate medical treatment. In other cases, a medical provider might assault a patient who is unconscious or otherwise rendered unable to resist.
Who Can Be Held Liable in a Sexual Assault Lawsuit in Florida?
In most sexual assault lawsuits, the perpetrator themself is liable. However, other parties may also bear liability for their acts that enabled the attack to occur.
You might have a good claim for negligence if another party knew or should have known that their actions or inaction could lead to the incident that harmed you. The following are examples of parties that might share liability for an attack committed by someone under their control:
- School administrators
- Employers
- Coaches
- Church administrators
Claims against third parties take many forms. For example, you can assert a claim for negligent supervision when someone with supervisory authority could have prevented the attack by watching the perpetrator more closely.
Similarly, negligent hiring or retention occurs when a party hires someone without conducting a background check or in spite of a checkered history.
The perpetrator may not have the resources to fairly compensate you for your losses. However, an individual or business that enabled the assault might have a large insurance policy or enough financial resources to pay a fair settlement or court award.
What Damages Can You Recover Through a Sexual Assault Lawsuit?
We know that no amount of money can make up for what you have experienced, but pursuing a civil claim can provide you with the financial resources to support your healing process.
In a sexual assault lawsuit, you can seek compensation for your economic and non-economic losses. Economic losses include the financial costs you incurred as a result of the trauma you experienced, such as:
- Medical bills
- Therapy expenses
- Lost income
It is important to note that you can pursue compensation for past and future economic losses. Suppose that you developed PTSD after the assault, and you had to quit your job to learn to manage the symptoms. You can pursue compensation for the income you would have earned, both in the past and future, but lost due to the other party’s acts.
Non-economic losses encompass the diminishment in your quality of life due to the short- and long-term signs of sexual assault. This includes physical pain from any injuries as well as compensation for the non-financial burdens of mental trauma and emotional distress. For example, counseling bills are a financial cost and thus an economic loss, while sleepless nights, flashbacks, and panic attacks are non-economic losses.
In most sexual assault lawsuits, the perpetrator themself is liable. However, other parties may also bear liability for their acts that enabled the attack to occur.
What to Do if You Were Sexually Assaulted in Florida
After an assault, it’s important to protect your rights and support your healing. Here are some steps survivors often find helpful:
- Consider reporting the assault: While it’s not required to file a civil claim, making an official police report or telling a trusted friend can provide documented evidence and help build your support network. If the assault happened at work, you might also file a report with your employer.
- Seek medical attention: Getting checked by a healthcare professional not only cares for your physical health but also preserves medical records and evidence. Doctors can also connect you with trauma-informed care and support resources.
- Prioritize your emotional well-being: Trauma affects everyone differently. Therapy, counseling, and support groups can provide safe spaces to begin healing. If you find yourself struggling, reaching out for help is a strong and important step.
- Preserve evidence when possible: Save clothing or other items related to the assault, and consider writing down your recollections when you’re ready. This doesn’t mean you have to take action immediately, but it keeps your options open if you decide to pursue legal steps later.
- Limit contact with the person who harmed you: This helps protect your emotional safety and prevents manipulation. Remember, anything you say could be used against you, so maintaining distance can help you stay in control.
Florida Sexual Assault Lawyer: FAQs
What Kind of Lawyer Do I Need for Sexual Assault?
Many personal injury lawyers accept sexual assault civil cases, but not all of them are experienced in this area of the law. At Chiappetta Trial Lawyers, we have a record of successfully representing sexual assault survivors, and we maintain connections with expert witnesses who can support your case.
How Much Does a Lawyer for Sexual Assault Cost?
We charge a contingency fee to represent clients in civil cases. Thus, you can benefit from our legal services without paying anything upfront. Instead, you pay an agreed percentage of your settlement or damages award at the end of the case. If we don’t succeed, you pay nothing.
Can I Sue for Sexual Assault if There Are No Criminal Charges?
The civil and criminal systems operate separately. More importantly, the standards for proving criminal and civil sexual assault differ. Thus, a prosecutor’s decision to forgo criminal charges does not affect your right to file a civil lawsuit.
Will My Civil Sexual Assault Case Go to Court?
Many civil cases never reach the courtroom. Instead, the party or their insurer may settle rather than face the embarrassment of a trial. They know that a jury sympathetic to your case could hit an assailant and their enablers hard.
Is There a Statute of Limitations on Sexual Assault in Florida?
Florida imposes a four-year statute of limitations on civil claims for assault or battery. However, the state gives survivors only two years to file civil claims for negligence. Thus, if you plan to sue a hotel for negligent security, you have just two years to file.
The statute of limitations on sexual assault and battery may be longer if you were a child when the incident happened. For many victims of child sexual battery, there is no time limit for civil claims.
Schedule Your Free, Confidential Consultation With a Florida Sexual Assault Attorney
People experience wide-ranging and often long-term effects of sexual assault. It can cause psychological trauma and physical injuries, and recovery is often difficult and expensive.
Fortunately, you have the right to pursue justice and seek compensation to help with your healing and recovery. At Chiappetta Trial Lawyers, we provide compassionate, trauma-informed representation, and your privacy is always respected.
Contact us today to discuss how we can support you and your legal options during this challenging time. Your consultation with us is completely confidential.
