Articles Posted in Sexual Abuse

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If you’re filing a Florida sexual assault lawsuit in civil court, there are a number of potential legal hurdles about which you should be aware. West Palm Beach sexual assault lawyer

Before diving into the details, we want to make it clear that the point here isn’t to discourage anyone considering a sex abuse lawsuit. Rather, our goal is to empower. As West Palm Beach attorneys for sexual abuse survivors, we’re fully cognizant of the fact that our clients have already been through so much. Part of our job is to make sure that those clients – and potential clients – have all they need to make informed choices about how best to proceed when it comes to a sexual assault civil lawsuit. That includes carefully explaining some of the legal snags that can stymie a case.

Why File a Florida Sexual Assault Lawsuit in Civil Court?

More than half of women and nearly 1 in 3 men experience sexual violence involving physical contact at some point in their lifetime. Not all incidents are “violent,” but no less damaging for that. (Sometimes it’s even more traumatic when a victim is made to believe they are somehow complicit or responsible.)

Accountability in these cases is often elusive in criminal courts. Even if the alleged abuser or attacker is prosecuted and convicted, the ability of the criminal justice system to compensate survivors is limited. Criminal cases may include an offer of restitution. However, unlike in a civil case, the purpose with this financial compensation isn’t solely to compensate the victim. It’s also intended to serve the rehabilitative goals that the criminal justice system has for defendants – and this doesn’t always align with what’s in the best interests of the victim.

But whatever happens on that end of things, there may be grounds to pursue liability in a civil case – typically from third parties.

Though usually not a direct legal action against the perpetrator, third-party sex abuse cases can be an effective way for victims to obtain:

  • Validation and accountability from third parties that had a responsibility to do more to keep you safe or warn you of the danger.
  • Financial compensation for the very real and very significant impact this has had on your life.
  • A safer future for those in similar scenarios. When third-parties are compelled to pay for failing to protect against the risk of sexual assault when they had a responsibility to do so, they  – and others – will take greater care to do better. Defendants in these cases are often property owners, school administrators, sports teams, and employers. People deserve to be safe in these spaces, and successful third-party liability sexual abuse lawsuits can help achieve that.

It’s true that the probability of winning – and actually collecting a financial judgment – is central to the question of whether pursuing a civil sex abuse case is a prudent choice. But it’s not the only consideration. Our attorneys can help walk you through your objectives, concerns, and strategies to overcome common legal issues.

What Obstacles May Stand in the Way of Justice?

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Sexual assault is traumatic under any circumstance. When it happens at work, it can upend your entire life.Florida workplace sexual assault

Survivors lose not only their peace, sense of safety, and restful nights – they often also lose their jobs. Sometimes that’s because of retaliation. Other times, it’s because the survivor can’t bear to be in the same space where they were violated. Coping with rape trauma syndrome is a misery on its own, let alone having to slog through it while struggling financially, trying to land a new job, and perhaps forgoing work they once found meaningful.

Research published in the American Journal of Preventative Medicine reveals approximately 5.6 percent of women (about 7 million) in the U.S. have reported sexual violence by a workplace-related perpetrator at some point in their lives. Of those, about 1 million reported being raped. Another 1 million said they were sexually coerced. Some were just teenagers. Only about 2 percent reported what happened to police. Given that rape is a hugely underreported crime, we can reasonably presume the actual impact of this issue is even more staggering.

Employers aren’t expected to have crystal balls and anticipate every scenario. However, they are expected to use diligence in hiring. They are expected to provide adequate supervision and security for employees. They’re expected to ensure their facilities are reasonably safe. They should have written sexual harassment policies – provided to workers – clearly explaining what to do if they are a victim of sexual harassment or assault. They are expected to take prompt, effective action if harassment, assault, or abuse is reported. They are expected to refrain from retaliating against the victim for reporting what happened. Unfortunately, some employers fail to take the bare minimum steps needed to protect potentially vulnerable workers.

Workplace Sexual Violence is an Ongoing, Serious Problem

Among just a few of the more recent, high-profile workplace sexual assault claims: Continue reading

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Patients should have every confidence when they see a doctor, dentist, surgeon, or other health care provider that they’ll be treated with professionalism, respect, and dignity. If a patient is sexually assaulted by a healthcare provider, it’s more than a violation of one’s body, the provider’s professional ethics, or even the law. It’s a major breach of the significant trust central to the patient-provider relationship.Florida sexual assault lawyer

It is important for victimized patients to understand: It is NOT your fault. Even in cases where some degree of attraction may be mutual, the power imbalance between patients and providers puts the onus firmly on the health care provider to draw clear personal boundaries. If those lines are crossed, the provider may be held to account by their employer, professional licensing board, and (where applicable) criminal prosecutors. Impacted patients can also seek accountability through the civil court system. There may be potential claims made directly against the provider as well as their employer and/or the facility where the assault or abuse occurred.

As longtime advocates for Florida victims of sexual assault, our West Palm Beach sexual abuse lawyers provide survivors with insight on their legal options. It’s worth noting that civil cases can be pursued regardless of whether the state or federal government decides to pursue criminal charges.

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As longtime Palm Beach sexual abuse lawyers advocating for Florida victims and survivors in civil litigation, it’s sadly no surprise when prominent businesses, organizations, government agencies, or institutions fail in their duty to protect those most vulnerable to sexual predators. Time and again, these entities allow basic safety protocols, oversight, security, and reporting take a back seat to profits and prestige. The result is victims suffer in silence while predators carry on – sometimes entirely unfettered.Florida sexual abuse lawyer

This is why when survivors of sexual abuse within an organization (school, workplace, sports club, church, etc.) come forward, civil case attorneys prioritize a deep dive into that organization’s history, policies, practices, and protections. Rarely are such occurrences isolated.

We saw yet another example of this recently with the three Florida sexual abuse lawsuits filed by former youth athletes against several cheerleading organizations, gyms, and investors. The plaintiffs were competitive cheerleaders, coached at the same Daytona Beach gym by the same man, who is now facing felony sexual abuse charges. But as noted in the complaints, the blame doesn’t rest solely on the coach. Rather, plaintiffs say, fault also lies with business and athletic organizations that established operational models with lax oversight policies that allowed young athletes to be taken advantage of by sexual predators.

What’s more: This is far from the first time some of these cheer organization defendants have been named in civil sexual abuse lawsuits for similar lapses in other states.

Report: Cheer Coaches Across the Country Kept Working Despite Sex Abuse Allegations

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When it comes to prisoners and guards in Florida correctional institutions, there is no such thing as consensual sex. The power dynamics effectively make it impossible for prisoners to consent to any sexual activity.Florida sexual abuse lawyer

If a corrections employee and a prisoner do engage in a sexual relationship, it is automatically a crime – under both state and federal law.

Specifically, F.S. 944.35 says that sexual misconduct is any sex act between a corrections employee that doesn’t rise to the level of sexual battery (or rape, which would be a higher level felony). Sexual misconduct is a third-degree felony, punishable by up to five years in prison. If fellow prison employees know or suspect sexual misconduct between an inmate and employee and don’t immediately report it, it’s a first-degree misdemeanor, punishable by up to one year in jail.

Federally, U.S.C. 2241, 2243, and 2244 criminalizes all sexual relations and sexual contact between prison staff and inmates. Existing law states prison staff-prisoner sexual relations is a misdemeanor punishable by up to 1 year in prison, unless the staffer uses threats or overt force.

The U.S. Office of the Inspector General is on record as saying that penalties for inmate-prison staff sexual encounters don’t serve as an efficient deterrent, and have called for stricter punishments. (It’s well-established that most state laws – including Florida – are more severe, making unforced sexual relations between corrections workers and inmates a felony.)

Civil Litigation for Prisoner-Inmate Sexual Misconduct

In any case, it’s worth pointing out that criminal penalties aren’t the only legal action worth exploring in prison sexual misconduct cases. As our South Florida sexual abuse lawyers can explain, civil litigation is another legal avenue impacted prisoners can pursue. Continue reading

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When it comes to South Florida sexual abuse lawsuits against businesses, schools, churches, employers, and other institutions, victim-blaming unfortunately is not uncommon.South Florida sex abuse lawsuit

Our Palm Beach sexual abuse lawyers recognize that these attitudes stem largely from the greater societal problem known as “rape culture.” This is a term used to describe an environment in which sexual violence and harassment are normalized and excused by popular culture, influential people, and powerful institutions. Rape culture gets perpetuated through bodily objectification, misogynistic language, glamorization of sexual violence, and a general disregard for the rights and safety of those vulnerable to sexual abuse and assault. It’s the reason a lot of victims aren’t initially believed. It undeniably contributes to large percentage of sexual abuse and assault incidents going unreported.

When a person decides to pursue a civil lawsuit against an entity that failed to protect them from sexual abuse or assault, it’s not uncommon to see these harmful cultural undercurrents take center stage. We’ve seen far too many examples of this in Florida sexual assault lawsuits.

In 2017, the South Florida Sun-Sentinel reported that despite denials, the Miami-Dade, Broward, and Palm Beach County school districts had all blamed schoolchildren for their own sexual abuse in responding to sexual abuse litigation. In Palm Beach, the school district had argued in five separate sexual abuse cases – some involving kids as young as 6 – that the students’ own roles in the abuse should limit how much money the school district should pay them. In one case involving several fourth-graders molested by a teacher, school district attorneys argued the kids were not only careless and negligent, but “old enough to appreciate the consequences of their actions.” In other cases – some involving kids with emotional behavior disabilities – school districts arguing for lower financial damage awards said students were “culpable.”

This sort of defense tactic in a civil case is what is known as comparative negligence. As outlined in F.S. 768.81, it’s the idea that if someone bears a degree of responsibility for their own injury or harm, their damage award should be proportionately reduced. Of course, it’s one thing to argue a person hurt in a car accident somehow contributed to the cause of the crash. It’s quite another to argue that children are somehow responsible to any extent for the sexual abuse they suffer. Yet the defense sometimes still gets raised in these cases.

We may also see victim-blaming in workplace sexual assault or sexual harassment cases in the form of retaliation. Continue reading

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Do rideshare companies do enough to protect drivers and passengers from sexual assault in Florida and beyond? According to hundreds of pending civil sexual assault lawsuits around the country against companies like Lyft and Uber, the answer is a resounding: No. South Florida sexual assault lawyer

Despite the fact that the entire business model of rideshare companies centers on the idea that they provide a safe way home, more than a few users say the experience ends up being anything but safe.

If you are attacked or have been sexual assaulted as a passenger in a South Florida rideshare, our dedicated West Palm Beach sexual assault attorneys can help you identify your legal options and navigate your next steps. Part of what complicates these claims are that the drivers are not considered “employees” but rather “independent contractors.” This designation gives companies some room to deny vicarious liability for the negligent or criminal actions perpetuated by drivers for the app. However, it doesn’t mean there’s no chance they’ll have to answer for safety deficits that result in harm.

We recognize that going up against a large company like Uber or Lyft can seem daunting. But with an experienced civil trial lawyer, civil litigation can be a powerful tool for pursuing accountability as well as meaningful policy changes that will hopefully make everyone safer.

Pending Sexual Assault Cases Against Rideshare Companies

At least 17 sexual assault lawsuits involving drivers and passengers alike are pending against Lyft, according to NPR. Claimants say they were harassed, assaulted, and battered. Yet when they reported the incidents to the rideshare company, the response was lackluster. Rideshare reps reportedly apologized for what happened, gave complainants refunds, and promised to suspend the accounts of the drivers or passengers involved. Some drivers who reported being sexually assaulted by passengers said the company offered them a few hundred dollars. However, there was no follow-up afterward.

Lawyers representing the victims say longtime rideshare company practice is to withhold user information – even in the event of a reported crime – unless there is a court order specifically compelling it. Plaintiff attorneys say this significantly delays or stymies criminal investigations and requests for civil orders of protection. They insist rideshares should go the extra mile to not only share user information to authorities when a sexual assault is reported, but also install cameras or audio recorders in vehicles that use the app. Such recordings could be used as evidence in a criminal case, but beyond that, hopefully would serve as a strong deterrent. Continue reading

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The sudden trauma of a South Florida cruise ship sexual assault can leave survivors feeling stunned, shaken, and unsure of their next steps.Florida cruise ship sexual assault lawyer

As longtime Palm Beach sexual abuse assault attorneys, we are committed to helping survivors and their families pick up the pieces and pursue justice and accountability through civil litigation. This is separate from any criminal investigation or case that may be ongoing. The purpose of civil litigation in these cases is typically to hold accountable any parties who failed in their duty to protect the victim.

A number of recent high-profile cruise ship sexual assault cases have highlighted both the seriousness and unfortunate prevalence of these incidents.

Recently, a federal jury in South Florida awarded a sexual assault survivor more than $10 million after her rape by a Carnival Cruise Line crew member. Although the jury did not find the cruise line was negligent, maritime law allows defendant cruise lines in civil sexual assault cases involving employees to be held strictly liable. Strict liability does not require proof of negligence by a defendant. (This is different than state-level civil sexual assault cases, which typically require proof that the company/defendant failed in some duty of care owed to the plaintiff. This usually involves a failure to maintain a safe premises, negligent hiring/background checks, or inadequate supervision.)

The incident that recently led to the $10 million verdict occurred in 2018 and involved a crew member. He claimed the encounter was consensual, but was fired for violating the cruise line’s policy forbidding fraternization with patrons. The FBI did not pursue criminal charges against him, but the federal jury in the civil case found that he did sexually assault her.

Cruise Ship Sexual Assault Statistics

USA Today recently reported that, per U.S. Department of Transportation figures, more than 100 allegations of cruise ship sexual assaults involving ships embarking/disembarking in the U.S. were reported in 2019. The year before, there were 82. New figures haven’t been posted since pandemic-related shutdowns stymied the industry, which is just now starting to regain steam.

Rape crises experts say that factors impacting the high numbers of cruise ship sexual assaults include an abundance of alcohol, close quarters, and a lack of independent law enforcement. Of course, as our Palm Beach civil trial lawyers can explain, cruise ships do have security. However, these are not public law enforcement agencies. They’re private companies hired by the cruise ships.

Survivors of Florida Cruise Ship Sexual Assault Should Seek Immediate Legal Counsel

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A survivor of a brutal rape and beating recently prevailed in her South Florida sexual assault lawsuit against the Miami hotel where the attack occurred and its security company, settling for $16 million for their failure to protect her.Florida hotel sexual assault lawyer

According to Local 10 News, 67-year-old woman, a tourist who was staying at the hotel with her husband last July, was beaten, strangled, choked, and forced to perform oral sex on her 22-year-old attacker in a vicious assault that took place in an open hallway and elevator. (The husband, also, was apparently beaten, pushed to the ground, and bitten by the man.) Despite her repeated screams and cries, none of the hotel staffers intervened. The man then reportedly tried to rape the woman, but was finally stopped when Miami-Dade police officers arrived on scene and arrested him. The attack left the victim with life-threatening injuries, including brain bleeding, collapsed lungs, broken ribs, and traumatic brain injury. After she was discovered, she was rushed to the hospital, where she underwent an 8-hour surgery to save her life.

The alleged attacker is still facing charges of sexual battery, felony battery, assault, and kidnapping.

As our South Florida sexual assault lawyers understand, the investigation into the liability of both the hotel and the security company revealed fairly damning evidence. The beating and sexual assault reportedly took place in the middle of an open hallway for 10 full minutes.

Although the hotel and security company deny any wrongdoing, the latter agreed to settle her claims for $5 million and the former for $11 million, respectively. In the aftermath of the incident, both the hotel and the security company have made improvements to security policy and procedure.

How Can a Hotel or Other Third Parties be Liable for Rape?

It’s not clear from news reports whether the attacker was a guest at the hotel, an employee, or a trespasser. There likely is no evidence that the third-party defendants (hotel and security company) had any prior knowledge of the defendant’s intent or intentionally helped him to carry out his alleged crimes. So how is that they can be held legally responsible? Continue reading

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Although many Florida sex abuse lawsuits against churches involve molestation, assault, or abuse of minors, there may be a cause of action in the event of sexual misconduct involving clergy and an adult congregant as well.South Florida sex abuse lawyer

Such cases may be brought because the courts have held that the First Amendment (which protects freedom of religion) does not protect churches from liability for harm to a third party that arises from alleged sexual misconduct by clergy members. The state recognizes that religious institutions and clergy may owe a fiduciary duty to attendees. That includes a duty to adult parishioners as well as minors. A fiduciary duty can arise from personal, moral, or social relations, and liability is not solely dependent on an agreement or contractual relationship. For example, the Florida Supreme Court has held that churches that promote their clergy as qualified marriage counselors owe a fiduciary duty to “counselees” – even if most parishioners don’t actually receive direct counseling from the clergy.

Churches can be liable for sexual misconduct involving clergy and adult parishioners when this fiduciary duty is violated.

The Florida Supreme Court majority opinion wrote in the 2002 case of Malicki, et al v. Doe, “The First Amendment cannot be used at the initial pleading stage to shut the courthouse door to a plaintiff’s claims, which are founded on a religious institution’s alleged negligence arising from the institution’s failure to prevent harm resulting from one of its clergy who sexually assaults and batters a minor or adult parishioner.” A ruling to the contrary, the justices reasoned, would immunize church defendants in such a way that it would place religious institutions in a preferred position over secular institutions – something that would be “both foreign and hostile” to the 1st Amendment. Continue reading

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