Miami Sexual Assault & Abuse Lawyer

Sexual assault is a widespread and devastating issue across the country. Unfortunately, it is frequently underreported and often overlooked. If you or a loved one has been the victim of sexual assault, you need an experienced sexual assault attorney with the resources and determination necessary to fight for you.

Pursuing a Civil Case for Sexual Assault

While most people are aware that their perpetrator may face criminal charges, many survivors of sexual assault and rape do not realize that their assailant(s) can also be held civilly liable through a rape or sexual assault lawsuit. Sometimes a civil lawsuit is the only way to secure both compensation and a sense of justice. Sexual assault survivors may pursue compensation for damages, including the cost of medical treatment related to the assault, the cost of emotional counseling, and lost wages.

What Is the Difference Between a Criminal and Civil Case for Sexual Assault?

In criminal cases, the assailant can be convicted of a crime and sentenced to criminal penalties such as fines, probation, and imprisonment. In a civil sexual assault case, victims can receive compensation after the sexual assault. While this may not erase the memory of the event, it can help victims find justice and move on with their lives.

The burden of proof in a criminal case is high, and the government’s goal is to punish the wrongdoing and to deter similar conduct. Sexual assault victims also face more public scrutiny in the criminal context when pursuing justice against their assailants due to the assailant’s rights in a criminal proceeding.

In contrast, a civil sexual assault lawsuit is designed to provide you compensation after the assault. Unlike criminal cases, civil cases can often be resolved confidentially or pursued under a pseudonym like “Jane Doe” to protect your privacy. Many times, civil sexual assault claims are resolved quickly and confidentially without having to go to court. Our experienced sexual assault attorneys know how sensitive these issues can be and can help you maintain your privacy during this difficult time.

Who Can Be Held Liable for Sexual Assault?

In some cases, a third party may also be liable for sexual assault. Potentially liable parties commonly include:

Businesses
Schools
Hotels
Spas
Apartment Complexes
Condominium Associations

For example, failing to perform background checks on employees or failing to provide proper lighting or adequate security measures on a property can shift liability onto the business owner if someone is injured in a rape or sexual assault on the property.

At Mase Seitz Briggs in Miami, Florida, we will thoroughly investigate all of the details surrounding your sexual assault or rape case and help you fight for maximum compensation in a civil lawsuit.

“Rape Kit” and Toxicology Evidence

If you or a loved one was the victim of a sexual assault or rape, you should seek immediate medical attention at an emergency room. Medical staff can perform a “rape kit” examination and any other medical tests that may be necessary depending on the circumstances of the assault. This process involves collecting hair and semen samples, swab cultures, blood samples, urine cultures, and toxicology samples.

Medication can also be given to help prevent potential STIs or pregnancy. As much as you may want to, do not shower, change clothes, or clean up before going to the hospital, as this could potentially disturb collectable evidence.

Once you’ve seen a medical professional, our sexual assault attorneys suggest seeking the advice of a mental health professional who can help you deal with this traumatic event. If you can, you should report your assault to law enforcement. Then, you should consult with an attorney experienced in sexual assault to help you discuss your legal options.

Sex Abuse at Colleges and Universities

Sexual violence is disturbingly common on college and university campuses. According to the Rape, Abuse & Incest National Network (RAINN), 26.4% of females and 6.8% of male college students experience rape or sexual assault through physical force, violence, or incapacitation. In fact, approximately 13% of all college students reported experiencing nonconsensual sexual contact involving physical force or inability to consent. In the great majority of sexual assault cases, the victim knows the assailant, making it more personal than other crimes. And often, sexual assault victims cannot consent to sex because they are drugged, passed out, drunk, or otherwise incapacitated.

Many victims of sexual assault on campuses never come forward. Some are unsure whether their incident constitutes “sexual assault.” Some fear retaliation, worry that no one will believe them, or think that they will be publicly shamed or receive negative attention if they report their assault. Especially when it comes to sexual assault and rape on college campuses, victims often think that they are wholly or partly to blame because they knew their attacker or because they were under the influence.

Whether the assailant is a stranger or someone the victim knows, being a victim of sexual assault can be traumatic and difficult to deal with. But sexual assault victims are never to blame, and there are systems in place to help them recover and feel whole again.

Title IX Laws for Sex Abuse on College Campuses

Title IX is a federal law that imposes a duty on colleges and universities that receive federal funding to have systems, policies, and procedures in place to help prevent sexual assaults and rapes from occurring on campuses or university property. When incidents do occur, this law also imposes a duty on schools to respond immediately, effectively, and appropriately in addressing the situation.

For example, if there is evidence that a sexual assault on campus was reported to administrators, but the school failed to investigate appropriately or remove the perpetrator from campus, this could be considered negligence and a violation of Title IX, providing grounds to file a lawsuit against the university.

Even outside of Title IX, colleges and universities may be liable for sexual assault and rape occurring on campus if their negligence enabled the incident to occur. Negligence can arise in various instances, including:

Not keeping the campus safe
Failing to maintain adequate lighting at night
Failing to employ campus security guards
Failing to monitor student housing, including dormitories, fraternity houses, and sorority houses
Being informed of a rape or sexual assault and failing to initiate a sufficient investigation
Hiring employees, including professors or administrators, with a record of sexual abuse
Failing to take action when a school-sponsored organization, such as a fraternity, engages in conduct involving sexual assault

Sex crimes are physically and emotionally painful for victims and often have long-lasting effects. Sexual assault and rape victims have a right to seek justice beyond pressing criminal charges against the perpetrator. If colleges or universities could have prevented a sexual assault or rape, they may be civilly liable.

If you or a loved one has been the victim of sexual assault or rape on a college or university campus, you may have a claim against the school. Our experienced trial attorneys are here to review your case and determine whether you have a viable action against the college or university that did not do enough to prevent a crime from happening.

Sexual Assault at Hotels and Resorts

Tourism is a crucial part of Florida’s economy, with many people staying in hotels and resorts for both business and leisure. However, hotels and resorts often provide a false sense of security. Unfortunately, these establishments are common sites for sexual assaults.

Some people target vulnerable tourists, exploiting the inadequate security measures often present at many hotels and resorts. Guests can also be drugged or taken advantage of after being over-served alcohol at the bar, pool, or at the hotel spa during massages. In some instances, the hotel or resort may be to blame for your injuries, as the sexual assault could have been prevented.

Hotels and resorts owe a duty of reasonable care to their patrons to maintain a safe environment. In Florida, hotel guests are typically considered “business invitees.” This means that property owners must routinely inspect for foreseeable risks, address any that are found, and, in some situations, provide warnings if the risk of crime is “foreseeable” on the property.

A property owner can be legally responsible for sexual assaults occurring on its premises in situations where it knows of the risk of crime but takes inadequate measures to prevent crime, and a good trial attorney knows how to prove it. A hotel or resort may have inadequate security, inadequate lighting, or easy accessibility to private guest quarters, such as broken locks.

Property owners can also be negligent with respect to their hiring practices, such as failing to conduct adequate background checks, failing to provide proper supervision or oversight, or retaining an employee after discovering he or she poses a potential risk to guests. When this occurs, it takes an attorney who knows the intricacies of hotel negligence law to establish how this led to injury—and secure you the compensation you deserve.

Individuals who have been sexually assaulted due to the actions or inactions of hotels and resorts are entitled to compensation for all of the damages they have incurred as a result. This can include:

Physical and emotional injuries
Present and future medical and rehabilitation costs (including therapy, medications, and psychological care)
Economic damages such as lost wages and loss of future income
Non-economic damages, such as pain and suffering and emotional distress
Punitive damages in certain situations

There is a limited amount of time in which you may bring a claim for negligence against the property owner of a motel, hotel, or resort. The trial attorneys at Mase Seitz Briggs deeply understand the challenges faced by victims of sexual violence. We can help you recover full compensation for your injuries in Florida and beyond.

Compassionate & Reliable Representation

Sexual assault cases require careful handling due to the sensitive nature of the issues involved. If you or a loved one was the victim of a sexual assault or rape, you need an attorney experienced in these sensitive areas of the law. Our team of sexual assault attorneys has handled numerous sexual assault lawsuits and has the experience to represent you or a loved one to get you the compensation you deserve following these traumatic events. With years of experience working alongside experts who specialize in assisting sexual assault and rape victims, we’ve recovered millions of dollars for clients affected by these crimes.

Dealing with a case of sexual assault or rape can be difficult, but you do not need to go through the process alone. Our team of sexual assault and rape attorneys has helped countless women (and men) through the process of filing a sexual assault lawsuit and securing justice. If you’ve been injured, contact us today so we can help you, too.

Frequently Asked Questions

What is the statute of limitations for filing a sexual assault claim in Florida?

The statute of limitations to file a civil lawsuit seeking damages for sexual assault in Florida varies based on the circumstances of the case, but it is generally 4 years. However, certain factors, such as the age of the victim or if the crime was reported to law enforcement, can extend this time frame. Accordingly, it is crucial to consult an attorney as soon as possible to understand what statute of limitation applies to your claim.

Can a sexual assault claim be filed anonymously in Florida?

While it is challenging to file a completely anonymous sexual assault claim, Florida law allows discretion for victims to use a pseudonym to protect their identity in court documents and proceedings.

Can a sexual assault claim be made against an institution?

Yes, in Florida, you can file a claim against an institution, such as a school, workplace, or religious organization, if they failed to protect you from sexual assault or abuse.

Are there any special legal protections for minors in sexual assault cases in Florida?

Yes, Florida law provides additional protections for minors in sexual assault cases, including extended statute of limitations and mandatory reporting by certain professionals.

What role do sexual assault forensic exams play in a legal case?

Sexual assault forensic exams, also known as rape kits, play a critical role in gathering evidence that can be used in both criminal and civil cases. The exam documents injuries, collects DNA, and records other relevant details that can support your claim.