Can I File a Civil Sexual Assault Claim Without an Arrest?

Sexual assault is a serious crime in Florida. Any person who commits such a terrible act of violence can and should be arrested and charged. However, even without an arrest, a victim can still pursue a civil legal claim. The offender and/or negligent third parties, such as businesses, property owners, and schools, can be held accountable through a civil claim. Here, our West Palm Beach sexual assault lawyer for victims provides a more comprehensive overview of the civil claims process in Florida.

You Can Still File a Sexual Assault Claim Even Without an Arrest

As a starting point, it is important to clarify that a civil sexual assault claim is separate from a criminal prosecution. A victim does not need to wait for an arrest, criminal charge, plea, or conviction before exploring civil legal options. In Florida, the criminal case belongs to the State. The prosecutor decides whether to bring charges. A civil claim belongs to the victim. Through the civil case, a victim can seek accountability and pursue financial compensation. Civil claims may proceed before, during, after, or even without a corresponding criminal prosecution.

Note: Civil claims are subject to the preponderance of evidence standard instead of the reasonable doubt standard. It is a lower burden of proof.

Criminal Records (Arrest, Conviction, etc) Can Be Key Evidence in a Civil Claim

Although an arrest is not required, criminal records can still matter. Police reports, 911 records, body camera footage, witness statements, forensic records, protective orders, arrest records, plea agreements, and convictions may all help establish what happened. A conviction can be especially powerful evidence in a civil case, but it is not the only evidence that matters.

A Third Party May Be Civilly Liable for Sexual Violence

A civil claim does not always focus only on the person who committed the assault. Florida law may allow a victim to bring a claim against a negligent third party when that party failed to take reasonable steps to prevent foreseeable harm. Potential defendants may include businesses, apartment complexes, hotels, bars, nightclubs, schools, nursing homes, rideshare companies, employers, or property owners.

Civil liability for sexual misconduct always depends on the specific facts of the case. Foreseeability, control, notice, causation, and damages all matter. A compassionate, sensitive, and proactive legal investigation should focus on what happened to the victim and whether any institution failed in a duty to prevent it. A West Palm Beach civil sexual assault lawyer can investigate the incident, gather evidence to prove liability, and help you navigate the claims process.

We Fight for Justice for Sexual Assault Victims

At Pike & Lustig, LLP, our West Palm Beach civil sexual assault lawyer is committed to putting victims first. If you or a close loved one was the victim of sexual misconduct, we can help. Contact us today for a free, confidential consultation. Our firm provides sexual assault representation to victims throughout South Florida.