Palm Beach sexual assault lawyer

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

Types of Damages in Florida Sexual Assault Lawsuit Settlement

October 2, 2023 | by David J. Halberg, Esq.

Often when Palm Beach sexual abuse lawyers talk about sexual assault cases in the legal system, people automatically think we’re discussing a criminal matter. It’s true that sexual assault and battery are criminal acts, and the criminal justice system metes out punishment to those proven guilty beyond a reasonable doubt. However, that’s not the only path to justice. Civil litigation is a means for the survivor to take the reigns and recover financial damages – from the perpetrator themselves as well as third parties whose negligence made the attack(s) possible in a civil Florida sexual assault lawsuit settlement or trial.

Three basic types of compensation one can pursue in a Florida civil case:

Economic
Non-economic
Punitive

Both economic and non-economic damages are classified together as “compensatory damages.” The intention is to compensate the plaintiff/sexual assault survivor for specific losses. Economic damages are for those things with a clearly identifiable price tag – medical bills, lost wages, etc. Non-economic damages are for things that don’t have a precise dollar figure – pain and suffering, emotional distress, loss of life enjoyment, loss of consortium/companionship, etc.

Punitive damages, on the other hand, are intended to punish the defendant. As noted in F.S. 768.72, punitive damages are still paid to the victim, but judges will only allow plaintiffs to pursue such damages in cases where the defendant engaged in intentional misconduct or gross negligence. This standard may be met in Florida sexual assault lawsuits filed directly against the perpetrator, but it’s a tougher case to make for third-party defendants – and that’s who most of these cases are against. That’s because insurance generally doesn’t provide coverage for crimes/intentional misconduct the way they do for negligence. So suing the attacker directly means you’re going after their personal assets – an endeavor that can be fruitless unless the defendant is personally wealthy.

What is the Average Florida Sexual Assault Lawsuit Settlement Amount?

Many civil sexual assault lawsuits in Florida are resolved through private negotiations between the plaintiff(s) and defendant(s). Because those payout amounts aren’t usually made public, there’s no easy way to provide an average for settlement amounts. They can range anywhere from thousands of dollars to tens of millions. Some of the bigger cases involving multiple plaintiffs and large organization defendants have even resulted in settlements in the hundreds of millions.

Jury verdicts favoring the plaintiff tend to be a bit higher than settlement amounts (which is part of the incentive for defendants to settle). A few examples over the years: Continue reading

What to Know About Suing for a South Florida Cruise Ship Sexual Assault

August 10, 2022 | by David J. Halberg, Esq.

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

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

Suing for Sexual Cyberharassment in Florida

December 17, 2021 | by David J. Halberg, Esq.

Sexual cyberhassment, more commonly known as revenge porn, is when someone posts or distributes intimate videos, photos, or images of another person online without their consent and with the intention to harass or upset that person. In general, when a person gives consent for a depiction of themselves in a sexually explicit image, the reasonable presumption is that they expect that image is going to remain private – even if they share it with someone else, such as an intimate partner. Violation of that trust is cyber sexual harassment. West Palm Beach sexual abuse lawyer

As a crime, sexual cyberharassment in Florida is a third-degree felony, which carries a maximum penalty of 5 years in prison, per F.S. 784.049. Identifying information of the person depicted is a key element in the charge, as is the intent to cause emotional distress.

In addition to seeing justice through criminal charges and penalties, victims are within their rights to pursue monetary damages against the offender. As our Palm Beach sexual abuse lawyers can explain, the statute explicitly grants victims of this crime the right to initiate a civil action against the person who broke the law for various remedies, which may include:

Injunctive relief. This is an order to prevent, stop, or command certain behaviors.
Monetary damages of up to $5,000 or actual damages incurred as a result of violation of the law – whichever is greater. Damages can include things such as medical bills, lost wages or employment, and physical and emotional pain and suffering.
Reasonable attorney fees and costs.

There may be additional avenues in civil court to pursue for compensation in a case of sexual cyberharassment, but it will depend on the exact facts of the case and whether other entities had any degree of control over the offender. In particular, we’d be interested in analyzing whether the incidents occurred to any extent in the course and scope of employment. If an employer ignored a claim of sexual harassment in the workplace, there could be liability. Businesses have a responsibility to hold employees accountable for sexual harassment once it’s been reported. Schools, too, may be liable if they were made aware of a problem and failed to address it. Continue reading