What is the Statute of Limitations for a Civil Sexual Assault Claim in Florida?
According to data from RAINN, approximately 1 in 6 U.S. women has been the victim of sexual violence. Sexual assault is a crime. The perpetrator must be held accountable. It can also lead to a civil legal claim through which the victim can seek financial support. This raises an important question: What is the statute of limitations in a civil sexual assault claim in Florida? The answer depends on a few key factors, including who is being sued and the age of the victim(s) at the time of the incident. Here, our Miami sexual assault victims’ right attorney provides an overview of the statute of limitations in civil sexual assault claims in Florida.
Know the Statute of Limitations for a Civil Sexual Assault Claim in Florida
A civil sexual assault claim is a very serious matter. As with any other type of legal case in Florida, deadlines matter. With that being said, most sexual assault cases have a longer statute of limitations than other civil tort claims. What is the statute of limitations? It depends on case-driven factors. Here is an overview of the key points to know:
- Negligent Security Claim (Two Years): Victims of sexual assault have two years to file a negligent security claim in Florida. These are premises liability claims that assert that a business or property owner failed to provide adequate security measures.
- Sexual Assault Claim Against Abuser (Four Years): In Florida, survivors of sexual assault have up to four years from the date of the assault to initiate a civil lawsuit against their abuser himself or herself.
- Sexual Assault Claim Against Institution (Four Years After Leaving Dependency): Were you in the care of any type of institution such as a school or hospital when the attack happened. You have four years to bring a civil sexual assault claim under Florida law. The statute aims to provide a reasonable period for survivors to come forward after they have left the environment of sexual abuse.
- Minor Victim Sexual Assault Claim (Seven Years After Age of Maturity): Minors who are victims of sexual assault in Florida can file a civil claim until they are 25 years old—which is seven years after reaching the age of maturity (18 years).
Determining the statute of limitations in a civil sexual assault case in Florida can be challenging. The best approach is a proactive one. Consult with a top-tier Miami, FL sexual assault victims’ rights attorney as soon as possible. A lawyer will review your case and help you determine the appropriate deadline.
Contact Our Miami Civil Sexual Assault Lawyer Today
At Pike & Lustig, LLP, our Miami civil sexual assault attorneys are compassionate advocates for victims. If you have any specific questions or concerns about the statute of limitations for a civil sexual assault lawsuit, we can help. Contact us today for a confidential consultation. With offices in Miami and West Palm Beach, our firm fights for the rights of victims throughout South Florida.
Source:
rainn.org/statistics/victims-sexual-violence
