Sexual Abuse

In-Flight Sexual Assault? Contact West Palm Beach Sexual Abuse Lawyers ASAP

August 10, 2024 | by David J. Halberg, Esq.

A number of alarming in-flight sexual assaults have been reported over the last several months. Here in Palm Beach County, there are hundreds of thousands of airline passengers in and out of Palm Beach International Airport every single month. As West Palm Beach sexual abuse lawyers want to outline passenger rights and some avenues of recourse you are sexually assaulted on a plane. in flight sexual assault West Palm Beach sexual abuse lawyers

According to FBI data, there were nearly 100 cases of in-flight sexual assaults in the U.S. reported last year. Given that sexual assault is a greatly underreported crime, it’s likely the actual number of incidents is much higher.

Airlines have legal, ethical and industry standard obligations to prioritize the safety of their passengers. U.S. law imposes a heightened duty of care for airlines on domestic flights that can make them liable for foreseeable criminal acts, including sexual misconduct or sexual assault.

Sexual assault can be a reasonably foreseeable threat in situations involving tight quarters, alcohol service and especially when there are unaccompanied minors and/or minors seated away from family members with whom they’re traveling (an all-too-common issue that the U.S. Department of Transportation is attempting to address with a proposed regulation to require fee-free family seating for kids 13 and under).

We’ll be the first to concede that flight crews don’t always have it easy. But doesn’t mean they get a free pass if they fail to exercise reasonable care and a passenger is sexually assaulted as a result.

Some reported cases of in-flight sexual assault on airplane in recent years: Continue reading

How Much is a Florida Sexual Abuse Lawsuit Worth?

July 6, 2024 | by David J. Halberg, Esq.

How common are multi-million dollar Florida sexual abuse lawsuit verdicts and settlements? The likelihood of such an outcome really depends on the facts of the case, but usually cases resolved by larger sums make their way into the headlines. Florida sexual abuse lawyer West Palm Beach

Often, as our West Palm Beach sexual abuse lawyers can explain, these larger verdicts involve some type of punitive damages.

Punitive damages are paid to the plaintiff/victim, but are imposed on defendants for punishment for egregious wrongs or deterrent for future bad acts — as opposed to strictly compensating a victim for specific losses. Punitive damages are less likely to be awarded than other types of damages (physical pain and suffering, mental and emotional anguish, past and future medical bills, etc.), but they can be appropriate in many of these circumstances.

Punitive damages made up 66% of a recent $9 million Florida sexual abuse lawsuit verdict against the U.S. Tennis Association. In that federal case, jurors found the organization failed in its duty to protect a teen athlete from being repeatedly victimized by her coach between the ages of 12 and 19, who was allowed to continue working 1:1 with teen girls even after he’d sexually assaulted an employee. The USTA said it did not know of the prior sexual assault until the coach was fired following allegations made by the plaintiff. The plaintiff, now 25, said her coach repeatedly sexually battered her when she was a minor.

Of the $9 million awarded in that case, $6 million was specifically for punitive damages.

Recent Six-Figure Sexual Abuse Lawsuit Verdicts and Settlements

Sexual assault cases usually involve an organization, non-profit, employer, school, government agency or property owner that failed in its duty to provide reasonable security, protection or oversight, which in turn made the victim vulnerable to attack or exploitation.

Among some of the recently-reported high-profile six-figure damages sexual abuse cases:

A $2.5 million verdict in Arizona against a “trouble teen boarding school” that charged $9,000 monthly for “tough love,” but instead reportedly failed to address physical, mental and even sexual abuse by staffers against the teens. Most of that damage award consisted of punitive damages.
A $4.2 million verdict against the U.S. Twirling Association and a coach after a federal jury in New York found that the organization was negligent in protecting her from sexual assault on an international trip to Lima, Peru. The organization reportedly did not provide security after promising to do so and exaggerated the experience of the coach. The teens were reportedly taken on numerous outings to nightclubs and private parties. The victim alleged the president of the club that sponsored the trip drugged and raped her.
The Archdiocese of Baltimore’s deadline to file claims against its Chapter 11 bankruptcy case expired in June, with more than 700 victims of child sexual abuse by clergy seeking a portion of $1 billion in damages.
A $2 million settlement against a women’s prison in Hawaii led to an upgrade of camera systems throughout the corrections facility. Prisoners alleged sexual abuse by guards, particularly in so-called “blind spots” of the prison an din control booths. It was revealed that 40% of the prison’s camera systems weren’t functioning. Staff reportedly bribed inmates with snacks, methamphetamine and other privileges in exchange for sex. Because of the inherent power dynamics, prisoners cannot consent to sex with guards, even if both parties are adults.
A $1.6 million verdict was awarded to a New Jersey woman who alleged she was sexually abused by her teacher at school for months. The district was 60% liable. The teacher, now a local minister, was deemed 40% responsible.
The University of North Carolina School of the Arts has agreed to pay $12.5 million to former students who allege they were raped, groped and sexually harassed by teachers and staff.
A girl in Oregon was awarded $9 million in a verdict against her school and other parties for failure to protect her from sexual harassment and rape by male peers at her school while she was a third-grader.

Possible Damages in Florida Sexual Abuse Lawsuits

Victims of sexual assault who file civil lawsuits against the perpetrator and (more commonly) other parties responsible can seek financial compensation for: Continue reading

Is it Too Late to File a Florida Civil Sexual Assault Case?

June 1, 2024 | by David J. Halberg, Esq.

For survivors of sexual assault, true justice can feel elusive. No matter what penalty is ultimately imposed (if it is imposed), there is no erasing the trauma and physical violation. You may be healing the rest of your life. Despite the long-term impact, you do not have unlimited time to pursue justice for sexual assault in the civil courts. Palm Beach sexual abuse lawyer

In Florida, civil sexual assault cases should be initiated as soon as possible. Most torts (legal action against others for negligence or wrongdoing) must be filed within 2 years of the incident (or last incident, as may be the case with sexual assault). However, as our West Palm Beach sexual assault lawyers can explain, there are a few caveats for sexual abuse survivors.

As outlined in F.S. 95.11(7), a civil claim for intentional torts based on abuse can be filed at any time within:

7 years after the victim reaches the age of majority
Within 4 years after the person leaves the dependency of the abuser
Within 4 years from the time of discover by the injured party of both the injury and the relationship between the injury and abuse (whichever occurs later)

Civil claims against abusers for sexual battery and/or human trafficking of a child under 16 can be filed at any time. Approximately 22% of rape victims were under the age of 12 when it first happened. Approximately 32% were between the ages of 12 and 17, according to RAINN.

No arrest or criminal conviction is required to file or win a civil case against an abuser for sexual assault or abuse. Continue reading

Understanding the Challenges When Suing a Church for Sexual Abuse in Florida

May 17, 2024 | by David J. Halberg, Esq.

Florida religious institutions and leaders enjoy broad legal protections under both the state and U.S. Constitutions. And while there is nothing in law that expressly protects clergy, churches, temples, mosques, or religious schools from civil sexual abuse lawsuits, some have argued – with mixed success – that the First Amendment protects them from liability when the failures analyzed are decisions rooted in religious doctrine. suing church for sexual abuse in Florida

As a South Florida sexual abuse lawyer can explain, sexual assault and molestation are not protected under the umbrella of free religious practice or free speech. However, churches have argued that they cannot be held accountable by the government/courts for negligence in carrying out certain functions – such as hiring and retention – because those functions stem directly from church doctrine – and are therefore protected by the First Amendment.

That was the argument before the Florida Supreme Court in the case of Malicki v. Doe. At the time, the Florida Supreme Court rejected this argument from a church accused of protecting an alleged abuser – though the ruling was split and somewhat controversial in the legal community. Churches will still try to cite the First Amendment in their efforts to sidestep responsibility for failure to protect vulnerable congregants from predatory leaders and members. That makes it all the more important to hire a civil trial lawyer who knows what to expect and how to counter such assertions.

Challenges to Florida Sexual Assault Claims Against Churches

But even with a growing chorus of successful cases, one should not assume that suing a church for sexual abuse in Florida will be easy. Some of the most significant hurdles in church sexual abuse lawsuits are:

Statute of limitations. Florida has a 2-year statute of limitations for most all tort claims rooted in negligence, per F.S. 95.11. (It used to be 4 years, but the law recently changed to shorten that window.) That includes potential causes of action in a sex abuse case against an institution. That said, if the abuse was ongoing, the statute of limitations clock wouldn’t start until the last instance of abuse. However, there may be some exceptions, particularly if you suffered sexual molestation or abuse years ago, but you were a child. Intentional tort claims – filed directly against the abuser – in cases involving child sexual abuse can be filed at any point.
Comparative fault. This is less an issue when the victim is a child, but in cases involving adult or even older teen victims, church defendants may argue there was “consent” between the parties, and thus the accuser was comparatively at-fault for the relationship. They may even bring up the sexual history of the plaintiff. It holds less water when we outline the power imbalance between both parties, but it’s a potential obstacle nonetheless.
Lack of evidence. There are often few if any witnesses to what happened beyond the people involved. Even if it can be proven the abuse occurred, establishing that the church or its leaders were negligent can be difficult. It’s imperative that such claims only be handled by experienced civil sexual assault attorneys.

Holding Abusers – and Their Protectors – Accountable

As staunch advocates for sexual abuse survivors, we are committed to giving prospective clients all the information they need to decide if and how they want to go forward. Continue reading

Florida Sexual Assault Civil Lawsuits Have Short Statute of Limitations Window

April 16, 2024 | by David J. Halberg, Esq.

A recent sexual civil assault filed by a Florida woman centered on her alleged rape and resulting pregnancy involving a rideshare driver 5 years ago. Florida sexual assault lawsuit

Sexual assault civil tort claims in Florida are typically time-barred after 2 years, thanks to Florida’s statute of limitations, F.S. 95.11 (with some exceptions if the victim was a minor at the time or within the dependency of an abuser). However, this was filed as a federal claim in the U.S. District Court for the Northern District of California, San Francisco Division, where the rideshare company is based. That state has a 10-year statute of limitations for civil sexual assault claims, which may be tolled beyond that if the individual didn’t immediately realize they’d been assaulted.

As West Palm Beach sexual abuse lawyers, we work with survivors of sexual assault and abuse to scour all possible means of recovery available through the civil claims process. Sometimes, that can involve claims directly against the attacker/abuser. More often though, just like in this case, claims are against a third-party, such as a property owner that failed to secure the site, an organization that failed to protect vulnerable populations, or an employer who was careless in hiring and/or employing dangerous individuals.

Florida civil sexual abuse lawsuits are entirely separate from criminal cases. It is not necessary to secure a criminal conviction to pursue a civil claim, and the proof burden is lower for civil cases than criminal matters.

Here, the defendant was the former employer of the driver accused in the attack. According to the complaint, the plaintiff is alleging the company is vicariously liable for the acts of its driver, but also directly negligent for failure to warn, breach of contract, product liability failure to warn (i.e., alleging the app was unreasonably dangerous for users), and negligent hiring, retention, and supervision. In addition to financial damages, she wants the rideshare platform to expand its safety features to include better background checks and driver monitoring. Continue reading

Judge Warns Witness Intimidation in Florida Sexual Abuse Lawsuit May Be Gross Negligence

March 10, 2024 | by David J. Halberg, Esq.

A national sports league has been accused in a Florida sexual abuse lawsuit of trying to intimidate potential witnesses into silence – an action the judge warned could be interpreted by a jury as gross negligence. Such a finding would be noteworthy because in Florida civil sexual abuse cases, evidence of gross negligence opens the door to punitive damages. That could possibly triple the amount of damages the defendant would have to pay.

Gross negligence is defined in F.S. 768.72 as conduct so reckless or wanting in care that it constitutes a disregard or indifference to the life, safety, or rights of persons exposed to it. Florida sexual abuse lawsuit by former tennis player

The United States Tennis Association, which is being sued by a young player (K.M.) alleging she was sexually assaulted by a coach while training at the USTA’s Orlando headquarters, is trying to suppress damaging testimony of another player.

In her sexual abuse lawsuit against USTA, plaintiff K.M. says the tennis organization negligently failed to protect her from an allegedly predatory coach (age 34) while she was training with him away from home as a vulnerable 19-year-old. She’d been with the organization since she was 12. She tried to quit several years in, in part citing harsh treatment from prior coaches. But the USTA reportedly convinced her to stay and specifically paired her with the coach in question.

The player whose testimony the USTA is now trying to shut down is Pam Shriver, a well-known 21-time Grand Slam doubles champ and popular sports commentator. She’s also survivor of sexual abuse who has been vocal about her experiences being preyed upon by adults in the sport as a minor.

Tennis League Lawyer Accused of Trying to Intimidate Witness

Filing a Florida Lawsuit for Sexual Assault on a Boat

February 5, 2024 | by David J. Halberg, Esq.

When sexual assault occurs on a boat off the coast of Florida, survivors can understandably be a bit perplexed about their options for legal recourse. What jurisdiction is in charge? Who can be held responsible? How much time is there to file? West Palm Beach sexual assault lawyer

At Halberg & Fogg, our West Palm Beach sexual abuse lawyers are committed to the fight for accountability in the wake of such offenses. We know that survivors of sexual assault often have a number of legal options, but it’s imperative to be deliberate in the actions we take. A misstep could mean wasted time, added trauma for survivors and potentially lost opportunities to pursue justice.

The jurisdiction (court that has authority) and the laws that will apply in a civil sexual assault lawsuit stemming from an incident on a boat will depend on a few things.

These are: Continue reading

Suing for South Florida Sexual Assault in the Workplace

January 24, 2024 | by David J. Halberg, Esq.

Filing a lawsuit for South Florida sexual assault in the workplace is a daunting prospect. Ultimately though, many plaintiffs find it provides vindication, justice, and much-deserved compensation for the physical pain and emotional trauma suffered in a place they had every right to expect safety.

A recent high-profile example of alleged sexual assault in the workplace made headlines recently. Singer, celebrity, and American Idol star Paula Abdul recently filed a lawsuit, alleging repeated incidents of sexual assault and sexual harassment involving a television executive. Named defendants in the Superior Court of Los Angeles sexual assault lawsuit include the executive as well as several production and media companies that employed and/or contracted with both Abdul and the executive on two separate popular TV shows.

According to the complaint, Abdul contracted with the two hit entertainment competition shows, American Idol and So You Think You Can Dance, which she worked on from 2002 to 2009. She alleged she was bullied, harassed, and unfairly compensated almost from the start of the show. Much of the harassment stemmed, she alleges, came from this one particular TV executive. This included verbal sexual harassment, but also sexual abuse, she says.

During one early season regional competition, she alleges the executive approached her when she was alone in an elevator, forced her against a wall, groped her, and shoved his tongue down her throat. She fled the elevator in tears and immediately called one of her reps. However, she ultimately decided to take no immediate action for fear of being “blackballed.”

A few years later, when she was in talks to contract on the second show, the executive invited her to his home for what he thought was a business meeting. The two talked about the show and their professional collaboration. However, toward the end of the evening, the executive reportedly forced himself on top of her while she was seated on the couch and tried to kiss her. She rejected him and immediately left. Again, she did not report this incident, fearing retaliation and ostracization in an industry known to protect powerful men. (Our Palm Beach sexual assault attorneys would note this points to just how powerful such fears can be, considering they impacted even an international superstar.)

In another incident, she says the same executive sexually assaulted her assistant, pressing up against her and groping her from behind in an unwanted advance.

In her sexual assault lawsuit, Abdul alleges that not only was the executive liable, but so too are the media and production companies, saying each is responsible in some manner for one or more of the events, either approving or ratifying the conduct of other defendants.

Statistics on Sexual Assault in the Workplace

Florida Sexual Abuse Lawsuits Filed Against Foster Care Nonprofits

December 5, 2023 | by David J. Halberg, Esq.

Two nonprofit organizations responsible for oversight of the state’s foster care system are accused of negligence in recently-filed Florida sexual abuse lawsuits. South Florida sexual abuse attorney

According to the Orlando Sun Sentinel, two school-aged girls alleged they were placed into the home of a man who repeatedly molested them and video recorded them in their bedrooms. Earlier this year, he pleaded guilty to federal criminal charges related to those acts.

Like many Florida sexual abuse lawsuits filed in civil court, this claim is not directly against the perpetrator. Instead, it is filed against organizations purported to have a duty to use reasonable care in protecting the plaintiffs and prevent them from becoming victims in the first place.

Sexual Assault Lawsuit From 1970s Incident Raises Florida Time Limit Questions

November 21, 2023 | by David J. Halberg, Esq.

A woman filed a sexual assault lawsuit against singer Steven Tyler of Aerosmith for an alleged incident that occurred “approximately” around 1975 in New York. She’s the second woman to sue Tyler for sexual abuse that occurred nearly 50 years ago, though the other case was filed in California and involved abuse that reportedly went on for some time. sad blond woman dressed in black sitting in a corner with arms folded. attorneys for the sexually abused help those victimized as children seek justice as adults

As attorneys for the sexually abused in Florida, we can say with fair confidence – at least as of this writing – that such cases, all other things equal, likely would not get much traction in the Sunshine State. That is because, as it stands, our state statute of limitations on sexual abuse civil cases is much shorter.

That’s not to say this couldn’t change.

That’s what happened in New York last year, when lawmakers passed the New York State Adult Survivors Act, which temporarily eliminated the statute of limitations on civil sexual assault claims involving adult victims until Nov. 24, 2023 (referred to as a one-year lookback period). This was after the passage of the 2019 Child Victims Act in the same state that provided a one-year lookback window for survivors of childhood sexual abuse to pursue civil litigation that would otherwise be time-barred.

The limit is different from state-to-state. Continue reading