April is Sexual Assault Awareness Month. In recognition, we want to answer common questions and share information about the legal rights available to survivors under Florida law. At Mase Seitz Briggs, we represent survivors in civil cases involving negligent property owners, security companies, and other institutions whose failures contributed to the harm.
Will My Identity Be Protected?
Florida courts may permit civil plaintiffs to proceed under a pseudonym in appropriate cases, but the protection is not automatic. We file a motion to proceed under a pseudonym at the same time we file the complaint, before any public record is created using a survivor’s name. The motion asks the court to find that the survivor’s privacy interest outweighs the presumption of open courts, based on factors including the personal nature of the allegations, the risk of retaliation, ongoing psychological treatment, and the survivor’s prior efforts to maintain confidentiality. We treat this motion practice as a core case strategy, not an afterthought.
How Does A Civil Sexual Assault Litigation Work?
A civil case is independent of any criminal prosecution. A survivor does not need a conviction, an arrest, or even a police report to pursue civil claims.
The Cases We Handle Generally Involve:
Institutional defendants. Hotels and resorts, schools, religious organizations, healthcare facilities, residential care providers, employers, gyms, ride-sharing companies, and entertainment venues. The legal theories typically include negligent security, negligent hiring and supervision, premises liability, and breach of statutory duties.
Insurance coverage analysis. Intentional acts exclusions, sexual molestation exclusions, “occurrence” definitions, and the eight-corners rule shape how cases are pleaded and how insurers respond. We plead and present cases to engage available coverage rather than walking into avoidable exclusions.
Trial preparation. We prepare every case as if it will be tried. That preparation is what produces serious settlement offers and, when settlement is not appropriate, favorable verdicts.
Florida’s statute of limitations for sexual assault civil claims depends on the legal theory, the survivor’s age at the time of the incident, and the identity of the defendant. Survivors should consult counsel as soon as possible.
What Types of Damages Can Be Recovered in a Sexual Assault Case?
Florida law allows survivors to pursue economic damages (medical expenses, ongoing psychiatric care, lost income, and reduced earning capacity), non-economic damages (pain and suffering, mental anguish, PTSD, anxiety, depression, and loss of enjoyment of life), and, in cases involving particularly egregious conduct or institutional cover-up, punitive damages subject to the pleading requirements of § 768.72.
Why Attorneys Refer These Cases to Us
Defendants and carriers assess settlement value based on the likelihood of facing lawyers prepared to try the case. Many firms are equipped to negotiate within insurance limits; far fewer are equipped to actually try a sexual assault civil case against a sophisticated institutional defendant.
Referring attorneys also send cases involving contested coverage, intentional acts exclusions, and the negligence-versus-intentional-tort framework because these issues require sustained, sophisticated handling. We work cooperatively with referring attorneys under arrangements consistent with the Florida Rules of Professional Conduct, with clear communication throughout the case.
When Should You Speak with an Attorney Regarding a Sexual Assault Case?
Sexual assault cases can be complex and involve individuals, institutions, and insurance coverages. Although it cannot heal the emotional, psychological, and physical injuries suffered by victims, taking swift action can help bring those at fault to justice. If you are a survivor considering civil action, we offer confidential consultations at no cost or obligation. If you are an attorney evaluating a potential matter for referral or co-counsel arrangement, we always welcome the call.
