Can I Sue the Perpetrator Civilly for Sexual Assault in Florida?

Were you the victim of sexual assault in Florida? The perpetrator should be arrested and held criminally accountable. You can also sue the assailant in civil court to hold them accountable for your damages. Though, as many perpetrators lack the financial resources to pay, many civil sexual assault claims are brought against negligent third parties. In this article, our Miami sexual assault lawyer explains the key things to know about suing a perpetrator civilly in Florida.

Know Your Rights: A Victim Can Sue the Perpetrator for an Intentional Tort

First and foremost, it is important to emphasize the law in Florida: A sexual assault victim may bring a civil lawsuit directly against the perpetrator. Although Florida’s criminal statutes use the term “sexual battery,” the civil action commonly proceeds under intentional tort theories such as battery, assault, false imprisonment, or intentional infliction of emotional distress, depending on the facts. Civil battery generally requires proof that the defendant intentionally caused harmful or offensive physical contact without the victim’s consent. The victim may seek compensation for the injuries legally caused by that intentional conduct.

A Criminal Conviction Is Not Required for Civil Liability

The criminal and civil proceedings are legally distinct. Prosecutors control the criminal case and must prove guilt beyond a reasonable doubt. In a civil action, the victim ordinarily must establish liability by the greater weight of the evidence, commonly called the preponderance-of-the-evidence standard. That generally means showing that the alleged facts are more likely true than not true. In other words, a sexual assault victim may have a viable civil claim even if the perpetrator was never arrested, criminal charges were declined or dismissed, or a jury returned an acquittal.

A Challenge: Recovering a Judgment From the Perpetrator Can Be Difficult

A successful civil claim may permit recovery for medical care, psychological treatment, lost income, diminished earning capacity, physical pain, emotional distress, mental anguish, and loss of enjoyment of life. Punitive damages may also be available because sexual assault ordinarily involves intentional misconduct.

Unfortunately, a favorable judgment does not guarantee actual payment. Many perpetrators lack meaningful income, property, insurance coverage, or other collectible assets. Insurance policies also frequently contain exclusions for intentional wrongdoing. A Miami civil sexual assault lawyer can help you determine if bringing a claim directly against the assailant is a viable option in your case.

You May Have a Civil Sexual Battery Claim Against a Third Party

Depending on where and how the assault occurred, a claim may also exist against a hotel, apartment complex, nightclub, school, employer, treatment facility, rideshare company, or another third party. Potential theories include negligent security, negligent hiring, negligent retention, negligent supervision, or failure to respond to known warning signs.

Call Our Miami Sexual Assault Lawyer Today

At Pike & Lustig, LLP, our Miami civil sexual attorney has the experience that victims can trust. If you have any questions about your legal rights or legal options, we are here to help. Call us now for a free, no obligation initial consultation. Our firm handles civil sexual assault cases throughout South Florida.