Taking steps to explore your legal options after a sexual assault is an act of tremendous bravery. While the criminal justice system may pursue charges against the perpetrator, the civil justice system offers a separate avenue that allows survivors to seek accountability and regain a sense of control. Speaking with a Boynton Beach sexual assault lawyer can be an important first step in understanding your rights and the legal remedies available to you.
Frankl Kominsky Injury Lawyers provides confidential and compassionate legal guidance to survivors of sexual assault and abuse. Our team is ready to listen and help you understand your options for bringing a civil claim against the individual and any institutions that may bear responsibility for the harm you have endured.
Call us today at (561) 800-8000 to schedule a free and private consultation.
Boynton Beach Sexual Assault Guide
- How Our Boynton Beach Sexual Assault Attorneys Can Help You Pursue Justice
- Civil vs. Criminal Justice in Florida: Key Legal Options for Sexual Assault Survivors
- Holding Boynton Beach Institutions Accountable for Negligent Security
- Recoverable Damages in a Boynton Beach Civil Assault Lawsuit
- FAQs for a Boynton Beach Sexual Assault Lawyer
- Work With a Boynton Beach Sexual Assault Lawyer to Begin Your Path to Justice
How Our Boynton Beach Sexual Assault Attorneys Can Help You Pursue Justice
Pursuing legal action may seem daunting when your focus is on healing and rebuilding your life. Our role is to act as your advocates, handling the legal process with care and expertise so you can focus on your recovery. A Boynton Beach civil attorney for sexual assault survivors at Frankl Kominsky Injury Lawyers can offer essential support tailored to your needs and priorities.
Providing a Confidential and Safe Environment for Survivors
Your privacy and comfort are always at the forefront of what we do. From our very first conversation, we strive to create a safe, confidential space where you can share only what you feel ready to discuss.
We listen with care and without judgment, taking the time to explain your legal rights and options in clear, straightforward terms. Throughout the process, we move at a pace that feels right for you, ensuring you remain in control every step of the way.
Investigating the Assault to Build Your Civil Case
Building a strong civil case begins with a solid foundation of evidence. Our legal team conducts discreet, thorough investigations into the circumstances surrounding the assault.
This may include preserving important materials such as text messages, emails, and photographs, as well as identifying and interviewing potential witnesses. We also work to obtain relevant records, including employment files or internal reports from any institution involved.
Throughout every step, we handle the process with the highest level of sensitivity, respecting your privacy and prioritizing your well-being.
Identifying All Parties Who May Be Held Liable
In many situations, the perpetrator may not be the only party with legal responsibility. A property owner, employer, school, or other institution may have failed in its duty to maintain a safe environment.
Our investigation carefully examines all potential sources of liability, identifying every party whose negligence may have contributed to the harm you experienced, whether it involves an apartment complex with inadequate security or an organization that failed to act on prior complaints.
Navigating the Florida Civil Justice System on Your Behalf
Our team takes care of every aspect of the legal process on your behalf. We prepare and file all required court documents, manage critical deadlines, and handle all communication with opposing attorneys and insurance companies.
You will not have to face the person who harmed you or their legal team on your own. We stand with you throughout the process, advocating for your interests at every stage. Our goal is to relieve you of the legal burden so you can focus on your own path to healing.
Civil vs. Criminal Justice in Florida: Key Legal Options for Sexual Assault Survivors
It is important to understand that the civil justice system and the criminal justice system are two separate and parallel paths. A survivor can pursue a civil lawsuit regardless of whether the state files criminal charges. A lawyer for sexual assault survivors can help you navigate this distinction.
The Purpose of the Criminal Justice System vs. the Civil Justice System
The primary purpose of the criminal justice system is to punish the offender for breaking the law. A criminal case is brought by the state prosecutor, not the survivor. If the defendant is found guilty, the penalties may include fines, probation, or imprisonment.
The purpose of a civil lawsuit, on the other hand, is to provide a remedy for the survivor. The goal is to hold the responsible parties financially accountable for the harm they caused. A successful civil claim results in a monetary award, known as damages, paid to the survivor.
Understanding the Different Burdens of Proof in Criminal and Civil Cases
One important difference between the criminal and civil justice systems is the “burden of proof.” This means the amount of evidence needed to win a case.
In a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. This is a very high standard because someone’s freedom is at stake.
In a civil case, the plaintiff (the survivor) only needs to prove their case by a preponderance of the evidence. This is a lower standard, meaning it must be shown that it is more likely than not that the defendant is responsible.
Because the burden of proof is lower in a civil case, a survivor can still win a civil lawsuit even if criminal charges were never filed or if the defendant was found not guilty in a criminal trial.
How Survivors Maintain Control in a Florida Civil Lawsuit
In a criminal case, the key decisions are made by the prosecutor, leaving the survivor with little control over how the matter proceeds. In a civil case, however, you and your attorney guide the process. Together, you determine whether to file the lawsuit, which claims to pursue, and whether to accept a settlement offer.
For many survivors, having this level of involvement can be empowering, as it allows them to actively participate in seeking accountability. While the Florida Department of Law Enforcement (FDLE) offers valuable resources for survivors, the civil justice system provides a direct avenue to assert your rights and pursue justice in a way that aligns with your own needs and priorities.
Holding Boynton Beach Institutions Accountable for Negligent Security
In cases of sexual assault, the blame rests with the perpetrator. However, legal responsibility can also extend to institutions or property owners that failed to take reasonable measures to protect individuals from foreseeable harm. This area of law is known as premises liability, sometimes referred to as negligent security.
When is a Third Party Liable for an Assault?
A third party, such as a business or property owner, may be held liable if their negligence created an environment where an assault was more likely to occur. Examples include:
- Inadequate Security: An owner of a Boynton Beach apartment complex, hotel, or parking garage may be liable if they fail to provide adequate lighting, working locks, security cameras, or security personnel.
- Negligent Hiring and Supervision: An employer, school, or organization may be held responsible if they hired someone with a known history of abusive behavior without conducting a proper background check. They may also be liable if they failed to properly supervise an employee or failed to respond to prior complaints of misconduct.
- Serving Alcohol to a Minor or a Habitually Addicted Person: Under Florida's dram shop laws, a bar or restaurant that knowingly serves alcohol to a minor or a person habitually addicted to alcohol may bear some liability if that person then commits a sexual assault.
These claims recognize that certain entities have a duty to provide a safe environment, and failing in that duty can have devastating consequences. Pursuing such a claim can not only provide compensation but also encourage businesses to improve their safety practices for the entire community.
Recoverable Damages in a Boynton Beach Civil Assault Lawsuit
A civil lawsuit allows a survivor to seek compensation for the many forms of harm they have experienced. Although no financial award can erase the trauma, a recovery can offer important resources for healing and provide a measure of justice. Damages in these cases are generally divided into two categories.
Economic Damages from an Assault
These are the measurable financial losses that have resulted from the assault. They may include:
- Medical and Therapy Costs: This covers expenses for emergency room visits, medical treatment for physical injuries, and the cost of ongoing psychological counseling or therapy.
- Lost Wages and Future Earnings: This compensates for any time you were unable to work as a result of the trauma. If the assault has impacted your ability to pursue your career or earn income in the long term, you may also recover damages for this loss of future earning capacity.
- Other Out-of-Pocket Expenses: This can include costs for relocation, installing a home security system, or other expenses incurred to ensure your safety and well-being.
Careful documentation of these costs is a key part of building your claim for damages.
Non-Economic Damages for Survivors
These damages are intended to compensate for the profound, intangible harms that do not have a specific price tag. They are a recognition of the deep personal impact of the assault. They may include:
- Pain and Suffering: This compensates for the physical pain and emotional distress you have experienced.
- Mental Anguish: This addresses the psychological trauma, which can manifest as anxiety, depression, fear, and Post-Traumatic Stress Disorder (PTSD). Resources from organizations like the Rape, Abuse & Incest National Network (RAINN) highlight the deep and lasting nature of this trauma.
- Loss of Enjoyment of Life: This compensates for the ways the assault has diminished your ability to participate in and enjoy life's activities.
A compassionate attorney can help articulate the full extent of these personal losses to a judge, jury, or insurance company. A civil action provides a formal way for these very real, though non-financial, harms to be acknowledged.
FAQs for a Boynton Beach Sexual Assault Lawyer
How long do I have to file a civil lawsuit for sexual assault in Florida?
The time limit, known as the statute of limitations, for filing a personal injury claim based on sexual assault can be complex. While the general statute of limitations for personal injury is two years under Florida Statute 95.11, there are specific exceptions and different rules that may apply, particularly for cases involving childhood sexual abuse. It is very important to speak with an attorney to understand the specific deadline that applies to your situation.
Will my name become public if I file a lawsuit?
This is a common and understandable concern. Court proceedings are generally public records. However, in sensitive cases like sexual assault, it is often possible for your attorney to file a motion with the court to proceed using a pseudonym, such as "Jane Doe," to protect your privacy and identity throughout the legal process.
What if I don't have a police report or physical evidence?
A police report and physical evidence can be helpful, but they are not required to file a civil lawsuit. Many successful civil claims are built on the survivor's own testimony, along with other forms of evidence like witness statements or digital communications. The "preponderance of the evidence" standard in civil court makes it possible to succeed even without the type of evidence needed for a criminal conviction.
Can I still file a lawsuit if the assault happened a long time ago?
It may be possible. The law recognizes that it can take survivors a long time to come forward. For this reason, the statute of limitations for these cases can be complex, and Florida has passed laws that "revive" or extend the time for survivors of childhood abuse to file claims. An attorney can review the details of your case and advise you on whether you are still within the time frame to file a lawsuit.
What is the difference between sexual assault and sexual battery in Florida law?
In Florida, the criminal statutes primarily use the term "sexual battery" to refer to what is commonly known as sexual assault or rape. "Sexual assault," however, is a broader term often used in civil law to encompass any unwanted sexual contact, from unwelcome touching to penetration. A civil lawsuit can be based on any form of non-consensual sexual contact that causes harm.
Work With a Boynton Beach Sexual Assault Lawyer to Begin Your Path to Justice
Deciding to explore your legal options is a powerful step toward reclaiming control and seeking accountability. A civil lawsuit is more than just a legal process; it is an opportunity to have your voice heard, to validate your experience, and to hold those responsible for your trauma accountable.
The legal team at Frankl Kominsky Injury Lawyers, including an experienced Boynton Beach personal injury lawyer, is ready to support you through every stage of this journey. We are dedicated to providing compassionate, confidential, and skilled representation that empowers you to move forward.
You do not have to face this process alone. Call us today at (561) 800-8000 to schedule your free, private consultation.