Civil Sexual Assault Claims in Florida: Understanding the Standard of Liability

In Florida, the victim of sexual assault can file a civil claim to seek compensation against the criminal assailant and/or against a negligent third party. A civil claim is separate from any criminal case. Another important point to know is that it is also subject to a different standard of liability. You only need to prove your case with a preponderance of the evidence. The more stringent reasonable doubt standard does not apply. Here, our Miami civil sexual assault attorney provides a more comprehensive guide to the preponderance of evidence standard in Florida.

Starting Point: A Civil Claim is Separate From the Criminal Case

A civil sexual assault claim in Florida is not the same as a criminal prosecution. The criminal case is brought by the State of Florida. Its purpose is punishment, public safety, and enforcement of the state’s criminal law. On the other hand, a civil claim is brought by the survivor. Its purpose is accountability, justice, and the ability for the victim to get financial compensation for the harm caused. That distinction matters. A survivor may have a civil claim even if no arrest was made, no charges were filed, the prosecutor declined the case, or the case ended without a conviction.

Preponderance of the Evidence Means More Likely Than Not

The preponderance standard is lower than the criminal standard. It does not require proof beyond all doubt. The bar also is not reasonable doubt. Liability does not necessarily require video evidence, an eyewitness, or a criminal conviction. The question is whether the evidence shows that the claim is more likely true than not true. In practical terms, a survivor can prove a civil sexual assault claim through many forms of evidence. Relevant evidence may include the survivor’s testimony, medical records, sexual assault nurse examiner findings, text messages, social media messages, photographs, witness testimony, security footage, location data, prior complaints, police reports, therapy records, and evidence of changes in behavior after the assault. Delayed reporting does not automatically defeat a claim. Trauma, fear, shame, threats, power imbalances, and concerns about being believed are all real reasons why survivors may not report immediately.

Claims Against the Assailant and Claims Against Third Parties Are Different

A civil case may be brought directly against the person who committed the assault. Depending on the facts, legal theories may include assault, battery, intentional infliction of emotional distress, false imprisonment, or related intentional tort claims. In those claims, the focus is on the assailant’s conduct and the harm caused to the survivor.

A separate claim may also exist against a negligent third party. Examples may include a hotel, apartment complex, school, employer, treatment facility, rideshare-related entity, nursing facility, bar, nightclub, or other property owner or institution. These cases are usually not based on the theory that the third party committed the assault. Instead, the claim is that the third party failed to use reasonable care to prevent a foreseeable risk of sexual violence. That may involve negligent security, negligent hiring, negligent retention, negligent supervision or other failures.

Call Our Miami Civil Sexual Assault Lawyer Today

At Pike & Lustig, LLP, our Miami civil sexual assault attorney is a compassionate advocate for victims. If you have any questions about proving liability in a civil sexual assault case, we are here to help. Contact us today for a free, confidential consultation. Our firm has offices in Miami and West Palm Beach and we represent victims in civil cases throughout South Florida.