Articles Posted in Sexual Abuse

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If a school principal opened the doors to adult sexual predators and gave them the means and access to regularly communicate with students on school grounds – there would be no question of legal liability for whatever harm was inflicted on those children as a result. But what if the means and access was via a school laptop? Do schools bear a legal duty to monitor district-owned electronic devices to prevent predators from using them to gain access to kids?Florida sexual abuse lawsuit school district laptops

Plaintiffs in a newly-filed Florida sexual abuse lawsuit against a county school board say: Yes.

According to the Miami Herald, a mother is suing a Florida school district because she said her daughter met a predator online while using a school-issued laptop. The 11-year-old was allegedly groomed, kidnapped, and sexually assaulted by the man who first made contact with her through a social media app that she used regularly on her school laptop. The laptops were issued when the school district shifted to remote learning during the pandemic. During this time, there were reportedly on protections to block social media on the devices.

Early into the start of the 2020-2021 school year, the girl was contacted by a 26-year-old man on social media. According to the civil complaint, the man expressed a desire to have a romantic/sexual relationship with her, said he wanted her to move into his home, and he planned to tell everyone that she was a young relative of his. On more than one occasion, he tried to get her to leave home, promised to buy her a new phone, and asked her to provide illicit photographs of herself. Again – all of this was done on her school-issued laptop, on school days, and during school hours. Continue reading

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Over the past several years, numerous high-profile sexual assault and sexual abuse lawsuits have raised public awareness about both the realities and long-term consequences of this trauma. It’s part of the reason so many states have passed look-back laws or lifted the statute of limitations for claims stemming from alleged child sex abuse. The recent liability verdict in a civil case sex abuse lawsuit against former President Donald Trump by prominent writer/advice columnist E. Jean Carroll after a decades-old dressing room encounter has raised a lot of questions about why this claim was filed now, the grounds on which Carroll prevailed, and what it means for other alleged victims of sexual assault and abuse – particularly those whose abuse happened decades ago. sex abuse lawyer West Palm Beach

For those who are unfamiliar with the case, Carroll alleges Trump raped her in a department store dressing room in the mid 1990s. She first spoke out about what happened in 2019, while Trump was president. (Prior to his election, dozens of women accused him of sexual harassment and/or assault occurring over decades, but none had resulted in criminal charges or a civil liability verdict.)

Trump denied her claims, said he’d never met her, did not find her attractive, and called her a liar. She sued him for defamation. When New York state passed the Adult Survivors Act, giving sex abuse victims a one-year window to sue attacker for assaults that took place years ago, Carroll filed a second claim accusing Trump of rape, sexual abuse, and defamation. (Her claim, filed 30 minutes after the law went into effect, was the first under the law to go to trial.)

At trial, other women testified to similar assaults by Trump around the same time frame. A jury ultimately found him liable for sexual abuse and defamation, and ordered Trump to pay both compensatory and punitive damages of $5 million.

As longtime West Palm Beach civil trial lawyers representing survivors of sexual assault and abuse, it’s important to address some of those issues that appear to be causing some confusion in public discussions on these types of cases.

Let’s start with one of the most pervasive questions:

Why now?

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Recently, an investigation by CNN spotlighted systematic issues with sexual assaults involving merchant shipping crews and the U.S. Coast Guard personnel responsible for policing them. As longtime civil trial lawyers representing survivors of sexual assault in South Florida, we’ve seen some confusion about how whether U.S. military branches can be sued in civil court for sexual assaults – and by whom. Florida sexual assault lawsuit

Most Florida sexual assault lawsuits name third parties as defendants. These are businesses or organizations or government agencies or employers that had a duty to protect the victim and failed to do so. This negligence is grounds for sexual assault survivors to pursue monetary damages for physical injuries, medical bills, lost wages, pain and suffering, mental anguish, emotional distress, etc.

With the U.S. military, it’s a little trickier – depending on who is trying to pursue damages. Sexual assault has been a pervasive and long-standing problem in all military branches. According to the 2021 U.S. Department of Defense Annual Report on Sexual Assault in the Military, the number of sexual assault reports spiked by 13 percent compared to the previous year. Although officials claim steady increases in sexual assault reporting indicate that survivors are more comfortable coming forward, anonymous surveys of troops don’t bear that out. They show that sexual abuse and unwanted sexual contact is on the rise, but fewer are reporting it, and fewer perpetrators are legally punished. Among female service members, 8 percent reported experiencing unwanted sexual contact in 2021. For men, it’s 1.5 percent.

Suing the Military for Sexual Assault is Complicated

Historically, military members haven’t been able to sue for sexual assault that occurred while they were serving. As our West Palm Beach sexual assault lawyers can explain, the U.S. government has for more than 70 years leaned on the Feres doctrine, which bars troops from seeking monetary damages in civil court for injuries sustained in active duty service. The one exception is medical malpractice.

However, that may be changing. Last year, the U.S. Court of Appeals for the Ninth Circuit ruled in Splestoser v. Hyten et al that the Feres doctrine (named for a U.S. Supreme Court ruling) was intended only to prevent troops from suing the federal government over injuries sustained in training and combat. It was not, the three-judge appellate panel ruled, intended to apply to sexual assault – because sexual assault doesn’t “conceivably serve any military purpose.”

The Splestoser case definitely moves the needle, but that doesn’t mean the legal floodgates are entirely open. The plaintiff in Splestoser is suing her attacker directly (for an intentional tort) as opposed to the U.S. military directly for some sort of negligence. The alleged assailant is arguing this was under the military’s jurisdiction. His argument is that he shouldn’t be held liable, the military should. But either way, this case opens the door potentially to allowing sexual assault survivors to sue the military and the U.S. Department of Defense (DOD). The ruling sets a precedent, but there’s no guarantee other federal appellate courts will decide the same. (This was in the 9th Circuit Court of Appeal, while Florida is part of the 11th Circuit.) It’s possible other circuits could decide differently in the face of a similar challenge. If that happens, the conflict will have to be certified to the U.S. Supreme Court for resolution.

This brings us to the case highlighted by CNN involving a military academy student aboard a marine merchant ship overseen by the U.S. Coast Guard. (Worth noting: The DOD reports sexual assaults and harassment are on the rise in military academies as well. There were 155 formal reports made during the 2021-2022 school year, though officials suspect hundreds more went unreported.) This case involves a U.S. Merchant Marine Academy student (attending a federal service academy), a private marine merchant, and an employee for that private marine merchant. The U.S. Coast Guard is under fire here because it is supposed to be responsible for law and order on this commercial ship and thousands of others in American ports and waterways. Further, the U.S. Coast Guard vets mariners and offers continued monitoring and enforcement of misconduct on land or while on-the-job. A serious offense could result in the marine merchant being stripped of their credentials. If a merchant mariner is accused of a crime on a U.S. flag ship, it’s the U.S. Coast Guard’s law enforcement division responsible for investigating and pursuing criminal charges. The Coast Guard also has a whole separate administrative division with the duty to investigate misconduct and strip a mariner of credentials for egregious offenses. Continue reading

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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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