Can You Sue Someone for Sexual Battery in Florida?

Were you or your loved one the victim of a sexual battery in Florida? If so, you may be wondering: Can I file a lawsuit to seek compensation? The short answer is “yes”—you may have a civil legal claim against the perpetrator and/or a third party. Here, our Miami sexual battery attorney explains the key things victims should know about their right to bring a civil claim in Florida.

What is Sexual Battery? 

Under Florida Statutes § 794.011, sexual battery is defined as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object” without consent. In Florida, consent to such a sexual act must be intelligent, knowing, and voluntary.

Sexual Battery is a Crime—and it Can Give Rise to a Civil Claim 

Sexual battery is a crime—and a very serious one at that. It is a felony offense in Florida. While an offense of sexual battery should be prosecuted as a criminal offense, victims also have the right to pursue a civil lawsuit against the perpetrator (or another negligent party). The criminal case punishes the offender. In contrast, the civil case is designed to allow the victim of sexual battery to seek monetary compensation for damages that they endured in the attack.

 A Third Party May Be Liable for a Sexual Battery

 You can sue a preparator for an act of sexual battery. In some cases, that is absolutely a viable option. However, there are also many situations when the perpetrator is effectively “judgment-proof”—meaning they lack the financial assets to cover the damages sought in a civil claim. An alternative option may be available to victims.

In Florida,  a third party may be held liable for a sexual battery. Liability arises when a people entity fails to take reasonable measures to prevent the assault. For example, schools, employers, property owners, or security companies all have certain obligations. If a sexual battery happened in an apartment building because of negligent security, that company may be legally liable.

Recovering Compensation for Sexual Battery in Florida 

The primary remedy available to victims through a civil sexual battery claim is financial compensation. You need monetary damages to pay bills and cover the non-economic harm that you endured. Our Miami sexual battery victims’ rights attorneys help people seek the maximum compensation, including for:

• Emergency medical care;
• Hospital bills;
• Other medical costs;
• Medical health support;
• Lost wages;
• Loss of future earnings;
• Pain and suffering; and
• Emotional trauma;

 Get Help From a Civil Sexual Battery Lawyer in Miami

At Pike & Lustig, LLP, our Florida civil sexual battery attorney is a compassionate, experienced advocate for victims. If you or your loved one was the victim of sexual battery, we are here to help you navigate the claims process. Contact us today for a free, strictly confidential initial consultation. With an office in Miami and an office in West Palm Beach, we advocate for sexual battery victims throughout South Florida.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html