An Overview of the Rights of Sexual Assault Victims in Florida
Sexual assault can lead to both criminal proceedings and civil legal claims in Florida. Victims have important rights related to safety, privacy, participation in the criminal justice process, and the pursuit of compensation from responsible parties. Understanding those rights can help a victim make informed decisions about reporting, seeking protection, and evaluating all potential civil remedies. At Pike & Lustig, LLP, we handle these cases with the care, sensitivity, and high level professional skill that they deserve. Here, our Miami sexual assault lawyer provides an overview of the legal rights that victims have in Florida.
Victims Have the Right to Be Informed, Present, and Heard in Criminal Proceedings
Florida crime victims have substantial constitutional and statutory rights during the criminal justice process. Under Article I, Section 16 of the Florida Constitution and Florida Statutes § 960.001, a victim generally has the right, upon request, to receive information about significant proceedings, to be present, and to be heard at appropriate stages of the case. Along with other things, that includes proceedings involving release conditions, prosecution, sentencing, and certain post-conviction matters.
Note: Victims of sexual violence may also submit an oral or written victim-impact statement at sentencing and may employ private counsel to help protect their rights during the criminal case.
Victims Have the Right to Privacy and Protection of Identifying Information
Florida law provides enhanced confidentiality protections for victims of sexual offenses. In Florida, criminal investigative and intelligence information that could reveal the identity of a sexual-offense victim is generally confidential and exempt from the state’s public-records disclosure requirements. Florida law also generally prohibits mass-media publication or broadcast of information identifying a sexual-offense victim before that information lawfully becomes public under the applicable statutory procedures.
Victims Have the Right to Seek a Sexual Violence Injunction
A victim may also qualify for civil protective relief separate from any criminal prosecution. Florida law authorizes petitions for injunctions against sexual violence and defines qualifying sexual violence to include specified sexual offenses. A court issuing an injunction may prohibit further acts of violence and order other relief reasonably necessary to protect the petitioner. A final injunction remains effective until it is modified or dissolved, and it is enforceable throughout Florida.
Victims Have the Right to Pursue a Civil Claim for Compensation
A sexual assault victim may also have a separate civil claim against the person who committed the assault. Potential damages can include medical and mental-health treatment costs, lost income, pain and suffering, emotional distress, and other legally recoverable losses. Depending on the circumstances, additional defendants may also bear liability. For example, a hotel, apartment complex, business, employer, school, or other property owner or organization may face a negligence or negligent-security claim if its own breach of a legal duty contributed to the assault.
We Help Sexual Assault Victims Navigate the Civil Claims Process
At Pike & Lustig, LLP, our Miami sexual assault attorney puts victims first. If you have any questions about the rights of sexual assault victims in Florida, we are here as a resource. If you or your loved one was the victim of sexual assault, we can help. Call us now for a free, confidential initial consultation. Our firm handles civil sexual assault cases throughout South Florida.
