Can You File a Civil Sexual Assault Lawsuit in Florida if there was No Arrest?
Were you the victim of sexual violence? You need justice. Sexual assault is a crime. The perpetrator should be arrested and charged. Victims may also have a civil legal claim against the offender and, potentially, a third party. You can file a civil sexual assault in Florida even if no arrest was ever made. Here, our Miami sexual assault attorney explain the key things to know about filing a civil lawsuit if there was no arrest in Florida.
You Can File a Civil Sexual Assault With No Conviction, No Arrest, and Even No Police Report
In Florida, you have the legal right to pursue a civil sexual assault lawsuit even if there has been no arrest, no criminal conviction, and even no police report at all. Civil sexual assault lawsuits can provide victims with compensation for emotional distress, pain and suffering, therapy costs, and other economic and non-economic damages.
If you are a survivor, do not assume your lack of engagement with police bars you from taking legal action. The civil justice system operates independently of the criminal system and has a lower burden of proof. In a civil claim, you must demonstrate that it is more likely than not that the assault occurred. That is in contrast to a criminal case, which requires proof beyond a reasonable doubt.
A Civil Sexual Assault Claim is a Separate Proceeding from a Criminal Case
A civil sexual assault lawsuit is entirely distinct from any potential criminal prosecution. You are not required to wait for the outcome of a criminal investigation to take legal action. In fact, many survivors pursue civil claims when prosecutors decline to file charges or a criminal case is dismissed. Here is another big point: The victim, not the State of Florida, is the plaintiff in a civil case. He or she has control over whether to file, settle, or go to trial.
No Arrest Can Sometimes Make Things More Challenging (Criminal Records are Evidence)
Although a lack of arrest does not prevent you from filing, it can make certain aspects of the case more complex. Arrest records, indictments, and criminal convictions can serve as powerful evidence in a civil lawsuit. Without these, your attorney will need to rely more heavily on other types of documentation, including witness statements, text messages, medical records, and testimony from experts. With that being said, many civil sexual assault cases are won without any criminal prosecution. A top-tier Miami sexual assault lawyer can help you determine the best path forward.
Contact Our Miami, FL Sexual Assault Attorney Today
At Pike & Lustig, LLP, our Miami sexual assault lawyer is committed to protecting your rights. If you have any questions about filing a civil lawsuit for sexual violence without an arrest, we can help. Contact us today for a free, completely private case review. With offices in Miami and West Palm Beach, our firm serves communities throughout Southeastern Florida.
