Child Sexual Abuse Victim in Florida Will Be Allowed to Re-File Civil Sexual Assault Lawsuit Against Municipality

According to a report from Click Orlando, a court in Florida will allow a child sexual abuse victim to re-file a civil lawsuit against a local government in the Central part of the state. A Brevard County woman alleges that was abused, in large part, because of the negligence of authorities more than three decades ago. Here, our West Palm Beach sexual assault and battery lawyer provides an overview of the case.

Background: Denial of Justice After Horrible Sexual Assault in 1990

When Elizabeth Bradshaw was a young girl growing up in Brevard County, she experienced a traumatic assault by someone her family trusted. She reported what happened immediately. The police collected evidence and opened an investigation. But as the years passed, she learned that the case had not been properly handled. The man she had identified was never questioned by law enforcement. Further, the physical evidence (the items that could have helped confirm the truth of her account) was subsequently destroyed. For decades, Elizabeth believed the person responsible had died. Then, more than thirty years later, she unexpectedly encountered him alive. That moment brought back the fear and disbelief she had carried since childhood. However, because local police had no remaining evidence, prosecutors told her that they could not move forward with the case.

Child Victim May Sue City of Melbourne for Improper Disposal of Rape Kit

As confirmed in reporting by Click Orlando, Ms Bradshaw will be allowed to refile her negligence lawsuit against the City of Melbourne. This comes after a Florida judge dismissed her initial complaint with permission to amend. The Melbourne Police Department not only failed to properly investigate the case in 1990, it later destroyed critical physical evidence (including her rape kit and her clothing). That loss now prevents prosecutors from pursuing criminal charges or DNA testing.

Ms. Bradshaw’s lawsuit argues that the Melbourne Police Department’s negligence denied her justice and compounded decades of trauma. She contends that the city created a special duty when officers involved her in a recent controlled phone call with the alleged perpetrator. That man remains uncharged to this day. The city maintains that no legal duty existed and asserts sovereign immunity. The court’s decision allows Bradshaw to revise and refile her complaint within 30 days.

Police and Prosecutors Have Improved, but too Many Victims Still Struggle to Get Justice

Law enforcement and prosecutors in Florida have made significant progress in how they handle sexual assault cases, with stronger evidence protocols, trauma-informed training, and expanded victims’ services. Yet many survivors still face barriers to justice. Victims deserve better. An experienced sexual assault lawyer for victims can help you and your family with any type of claim. 

We Fight for Justice for Victims of Sexual Violence in Florida

At Pike & Lustig, LLP, our West Palm Beach truck accident attorneys are compassionate, experienced advocates for justice. If you have any questions about a child sexual abuse claim, please call us now for a free, strictly confidential, and no obligation consultation. We represent sexual abuse victims in civil claims in Palm Beach County, Broward County, and Miami-Dade County.

Source:

clickorlando.com/news/investigators/2025/10/07/child-rape-victim-allowed-to-refile-lawsuit-against-city-of-melbourne/