sexual abuse attorney

To Avoid Liability for Florida Sexual Abuse of a Child, Archdiocese Seeks State High Court Intervention

July 24, 2023 | by David J. Halberg, Esq.

Attorneys fighting for victims of decades-old child sexual abuse, the March 2023 Third District Court of Appeals’ ruling in Doe v. Archdiocese of Miami, Inc. represented a key victory for abuse survivors. The appellate panel gave the green light to a plaintiff pursuing a civil lawsuit against the Catholic church for liability of a priest’s alleged sexual abuse – despite the passage of more than 20 years. However, the archdiocese is now asking for the Florida Supreme Court to intervene and have the case dismissed, calling it “a case of exceptional importance for employers.” Palm Beach sexual abuse lawyer church sex abuse lawsuit

Plaintiff in the case is a man who came forward about the sexual abuse he suffered on dozens of occasions from the time he was 7 until he was 9 by a priest. The complaint – which is against the church and does not name the priest – alleges the archdiocese was aware that the priest in question had an extensive history of child sexual abuse dating back to at least the late 1960s. The church allegedly not only concealed prior allegations, but continued to place this priest in positions where he still had access to children. Nothing was done to prevent further abuse, the complaint alleges.

The 3rd DCA’s ruling held that the alleged victim could not sue the church for negligence because there is a 4-year statute of limitations on negligence claims, per F.S. 95.11(9). (Or at least, there was. A recent change to the law has shortened that window down to just 2 years.) However, the court did reverse the circuit court’s dismissal of a claim for intentional infliction of emotional distress against the church, per F.S. 95.11(7), which references intentional tort claims based on abuse. That provision of the law was passed in 2010 law and lifted certain statute of limitation restrictions on cases that involve sexual battery of victims younger than 16. Rather than a hardline 4-year statute of limitations, claims brought forth on this basis may commence whichever of the following occurs latest:

Within 7 years after the victim reaches the age of majority OR
Within 4 years after the injured person leaves the dependency of the abuser OR
Within 4 years of discovering both the injury and causal relationship between the injury of abuse.

Finding that the claim of intentional infliction of emotional distress was rooted in the intentional tort of abuse, the 3rd DCA applied this statute, and concluded the plaintiff’s intentional tort claim survived until 2017, which was 7 years after he turned 18.

Furthermore, the court rejected the Catholic church’s argument that such claims could be only made against an institution, rather than an individual.

As our West Palm Beach sexual abuse lawyers can explain, most civil sexual abuse claims are against institutions – employers, schools, property owners, sports organizations, and churches.

Why? Continue reading

Top 5 Florida Sexual Assault Lawsuit Challenges

February 20, 2023 | by David J. Halberg, Esq.

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?

Justice for Florida Sexual Assault in Health Care Settings

December 15, 2022 | by David J. Halberg, Esq.

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.

Does Florida Allow Third-Party Liability for Clergy Sexual Misconduct With Adult Parishioner?

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

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

Study: 1 in 4 College Athletes Experience Sexual Assault By Authority

September 12, 2021 | by David J. Halberg, Esq.

Ongoing testimony of sickening abuse of U.S. Olympic gymnasts by an organization doctor has led to demands for significant change in sports organizations. Collegiate-level sports organizations should take heed, especially as a new study by the non-profit Lauren’s Kids revealed 1 in 4 current and former college athletes surveyed reported experiencing sexual assault or sexual harassment by someone on campus who was in a position of power. That is compared to 1 in 10 in the general student population. Palm Beach sexual abuse attorney

In other words, college athletes were 2.5 times more likely to encounter sexual abuse than their peers.

Coaches, it was indicated, were the most commonly-identified group of abusers.

USA Today reported this fact with a number of anecdotes from high-profile cases in recent years. Among those: Continue reading