Florida sexual abuse lawsuits

Florida Sexual Abuse Lawsuits Against Cheerleading Organizations Spotlight a Bigger Problem

November 18, 2022 | by David J. Halberg, Esq.

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

Florida Sex Abuse Lawsuit: Consent Impossible Between Guards and Prisoners

October 5, 2022 | by David J. Halberg, Esq.

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

Florida Sexual Abuse Lawsuits Often Involve Predators in Positions of Trust

August 22, 2020 | by David J. Halberg, Esq.

Many Florida sexual abuse lawsuits stem from a violation of trust by someone in a position of power. Cases in recent years have included coaches, teachers, health care workers, bosses, corrections officers and clergy. South Florida sexual abuse lawsuit

Although a survivor of sexual abuse by any perpetrator may have grounds to claim civil liability damages against that individual, cases with at least one third-party defendant tend to have a higher chance of success in terms of an actual payout. Many third-party defendants in sexual abuse cases are organizations, institutions and agencies that owed a duty to protect the victim – and failed.

One such case recently reported on by The Tampa Bay Times stemmed from a 2018 incident in which a 19-year-old woman was admitted involuntarily to a local hospital under the state’s Baker Act. Because there was concern she might harm herself, her family was not permitted to see her and she was assigned one-one-one mental health evaluation and care. According to the recently-filed Florida sexual abuse lawsuit, that employee sexually groomed and abused the patient over a five-day period. The employee was later fired, arrested and convicted of sexual misconduct. He was sentenced to six years of probation and required to register as a sex offender. Now, both he and his former employer are being sued. Continue reading