RAPE & SEXUAL ASSAULT In Florida

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TABLE OF CONTENTS

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A. What will your attorney look for?

B. What will the insurance company try to do?

C. What to do if you are the victim of a sexual assault?

D. Damages and compensation you can recover in Florida

E. Common injuries in sexual assault and rape cases

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The crime of sexual assault is arguably the worst offense one can have committed against them. It can leave lifelong damage that the victim is constantly suffering from. Even as physical wounds fade, the mental anguish lasts. Sexual assault cases are among the most sensitive that an attorney can handle. You need and deserve an attorney who will be empathetic and aggressive on your behalf. 

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A. WHAT WILL YOUR ATTORNEY LOOK FOR?

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Criminally, a sexual battery occurs when a person does some form of sexual touching without the consent of the other party. This must be done under the threat of violence or by committing the act in a manner that is likely to cause serious personal injury. (Fla. Stat 794.011)

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Often, instead of looking to your assailant, your attorney will look at the property owner, as they are more likely to have the funds for your compensation. The question to be answered is did the property owner take all reasonable steps to protect you and others visiting the property? This can be security, cameras, pat-downs, and the like. 

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A failure to take appropriate steps constitutes negligence on the part of the property owner. By entering the property, the owner will owe you some duty to make areas you are allowed in safe. When they do not take steps to comply with this duty, it is known as a breach. The task of your attorney is to tie that breach to the assault, making them liable for damages. 

 

The property owner also has legal duties that go beyond the security and safety of the property. Under Florida law, if the owner is aware of and can come to the reasonable assumption that they witnessed a sexual battery, they must offer reasonable assistance and make appropriate reports to authorities. (Fla. Stat. 794.027)

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B. WHAT WILL THE INSURANCE COMPANY TRY TO DO? 

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As there are potentially large sums of money at stake, the insurance company will do anything they can to shift blame away from the property owner. They will try to argue that someone as heinous as a rapist would have committed this assault no matter the precautions in place. Through an argument known as comparative negligence , they will argue that even if you have suffered 1 million dollars in damages, they should only have to pay a lessened percentage due to the actions of another. This would reduce your total compensation as your assailant is extremely unlikely to be able to pay the money that they are required to.

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C. WHAT SHOULD YOU DO IF YOU’RE THE VICTIM OF A SEXUAL ASSAULT?

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If you are the victim of a sexual assault, immediately notify police and go to the hospital. Ensure the doctors are aware of what happened and inform them that you will need a rape kit. As much as you may want to, resist the urge to shower until doctors tell you it is ok, as this will be important to any criminal proceedings and potentially even your civil case. Give the police a statement as soon as you are able to, with as many details as you can remember.

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D. DAMAGES AND COMPENSATION YOU CAN RECOVER IN FLORIDA

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Serious injuries occur anytime a person is a victim of a rape or sexual assault. You will need extensive medical care, or even long-term care after an assault. However, you may be able to recover some of those losses, including: 

• Medical expenses, including emergency care and ongoing treatments

• Lost wages

• Reduced or loss of earning capacity

• Long term disability 

• Property damage

• Pain and suffering, including emotional injuries

• Diminished quality of life

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If you or a loved one has been injured due to a sexual assault and would like to discuss what possible damages you could recover, contact The Walker Law, for a case evaluation.

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E. COMMON INJURIES IN SEXUAL ASSAULT AND RAPE CASES

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When you have been assaulted, you can be left with a variety of severe injuries, including: 

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• Bone fractures and lacerations, including skull fractures 

• Psychological injuries, including post-traumatic stress disorder

• Joint damage

• Traumatic brain injuries

• Cuts, bruises, and abrasions

• Disfigurement 

• Paralysis

• Wrongful death of a spouse or other family member

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If you or a loved one were injured in a sexually violent crime, you may be entitled to financial damages. To learn more about what compensation might be available, contact Apolinsky & Associates today to schedule your appointment. 

 

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