If you are a survivor of sexual assault in Florida, our compassionate and experienced lawyers are here to help you seek justice and compensation. Whether the assault occurred at work, school, a medical facility, or elsewhere, we will fight to hold perpetrators and negligent institutions accountable.
Your voice matters. Florida law provides survivors with legal options to pursue civil claims for damages. Call 813-273-0017 for a confidential, free consultation with a Florida Sexual Assault Lawyer. No fees unless we win.
Sexual assault is a devastating crime that leaves survivors with physical injuries, emotional trauma, and financial burdens. Beyond the criminal justice system, survivors have the right to pursue civil claims against perpetrators and institutions that failed to protect them.
Our Florida sexual assault lawyers understand the sensitivity and complexity of these cases. We provide compassionate representation while aggressively pursuing justice and maximum compensation for survivors.
If you or a loved one has been sexually assaulted in Florida, call (813) 273-0017 for a confidential, free consultation with a sexual assault lawyer at Swope, Rodante P.A.
Key Takeaways
- Sexual assault survivors in Florida can pursue civil claims separate from criminal proceedings, seeking compensation for medical expenses, lost wages, pain and suffering, and emotional distress.
- Institutions such as schools, employers, hospitals, hotels, and apartment complexes may be held liable for negligent security or failure to protect individuals from known dangers.
- Our experienced sexual assault attorneys provide compassionate representation and will help you navigate the legal process while protecting your privacy and dignity throughout.
- When an individual or institution fails to take reasonable steps to prevent sexual assault or protect potential victims, they may be held liable in a civil lawsuit. This includes cases of negligent hiring, inadequate security, failure to supervise, or ignoring warning signs of abusive behavior.
Dale Swope and the attorneys at Swope, Rodante P.A. have extensive experience representing survivors of sexual assault and other violent crimes in civil litigation, fighting to hold perpetrators accountable and secure compensation for victims.
Nationally Recognized Sexual Assault Attorneys
At Swope, Rodante P.A., our sexual assault lawyers stand at the forefront of excellence. Their dedication and accomplishments have garnered national recognition. The following accolades and leadership roles are just some of the examples that define our commitment to justice:
Super Lawyers
Our attorneys have earned the prestigious distinction of being recognized by Super Lawyers Magazine. Recently, Dale Swope, Brent Steinberg, Daniel Greene, and Sean Shaw were acknowledged for their exceptional work. This honor places them among the top legal professionals in the nation.
AV Preeminent Rating by Martindale-Hubbell
Partners Dale Swope, Angela Rodante, Brent Steinberg, Daniel Greene, and Fentrice Driskell all hold the esteemed AV Rating by Martindale-Hubbell. This rating signifies not only legal prowess but also unwavering integrity—a testament to our commitment to excellence.
Best Lawyers & U.S. News “Best Law Firms” Award
Since 2010, we’ve consistently received recognition as one of the Best Law Firms by U.S. News and Best Lawyers. This enduring acknowledgment reflects our dedication to providing exceptional legal representation.
Leadership and Advocacy
Our attorneys don’t just excel in the courtroom; they lead and advocate for justice:
- President of the Florida Justice Association: In 2017-18, Dale Swope spearheaded this influential organization, championing fairness and equity.
- Member of the American College of Coverage Counsel: Since 2019, Angela Rodante has been recognized as one of the most prominent members of the insurance law bar.
- Board Certified in Civil Trial Law: Since 1992, The Florida Bar has recognized Dale Swope’s mastery in civil trial matters with a board certification.
- Board Certified in Appellate Practice: Brent Steinberg’s expertise in appellate practice earned him this distinction in 2022, and he continues to maintain this certification.
A Trusted Partner with a Proven Track Record
Beyond these specific achievements, Swope, Rodante P.A. and our lawyers are affiliated with numerous other organizations representing the top lawyers locally and nationally, including the Tampa Bay Trial Lawyers Association, Florida Trend, National Trial Lawyers, and the American Board of Trial Advocates. When you choose us, you’re not just hiring attorneys; you’re gaining a trusted partner with a legacy of success.
What Constitutes Sexual Assault Under Florida Law?
Sexual assault encompasses a range of unwanted sexual acts committed without consent or through force, threats, or incapacitation. In Florida, sexual assault includes crimes such as rape, sexual battery, molestation, groping, and other forms of non-consensual sexual contact.
Sexual assault is a serious crime that can have devastating and long-lasting consequences for survivors. If you or a loved one has been sexually assaulted in Florida, you have legal rights and options for seeking justice through both the criminal and civil justice systems.
Understanding your legal rights is the first step toward healing and holding perpetrators accountable. This article will explore the definition of sexual assault under Florida law, common scenarios where civil liability arises, the impact on survivors, and how our experienced attorneys can help you pursue justice.
Common Sexual Assault Cases in Florida
In Florida, civil claims for sexual assault often arise in various settings where institutions or individuals failed in their duty to protect others. Common scenarios include:
- Workplace sexual assault: Sexual harassment or assault committed by supervisors, coworkers, or clients.
- Sexual abuse in schools and universities: Perpetrated by teachers, coaches, staff members, or other students. Failure to investigate complaints or implement proper safeguards can result in liability for the institution.
- Medical professional sexual abuse: Doctors, nurses, therapists, and other healthcare providers who commit sexual assault violate their professional duties. Hospitals and clinics may also be liable for negligent hiring or supervision.
- Negligent security cases: Hotels, apartment complexes, bars, nightclubs, and other businesses have a duty to maintain adequate security. When assaults occur due to broken locks, inadequate lighting, lack of security personnel, or failure to address known dangers, property owners may be liable.
- Sexual assault by clergy or youth organization leaders: Churches, youth sports organizations, and similar institutions can be held accountable when they fail to prevent or properly respond to sexual abuse by their members or employees.
- Assault involving drugs or alcohol: Cases involving date rape drugs or situations where establishments overserve alcohol.
The Impact of Sexual Assault on Survivors
Survivors of sexual assault in Florida often face devastating consequences that extend far beyond the immediate trauma. These impacts can include:
- Physical injuries: Survivors may suffer injuries, sexually transmitted infections, unwanted pregnancy, and other medical conditions requiring ongoing treatment.
- Psychological trauma: Sexual assault commonly leads to post-traumatic stress disorder (PTSD), anxiety, depression, eating disorders, substance abuse, and suicidal ideation. Many survivors require long-term mental health treatment.
- Financial burdens: The costs of medical treatment, therapy, lost wages due to inability to work, and other expenses can be substantial and long-lasting.
- Relationship difficulties: Survivors often experience challenges in personal relationships, difficulty with intimacy, and social isolation as they process their trauma.
- Career impacts: Many survivors struggle to maintain employment or advance in their careers due to the psychological effects of assault.
Sexual Assault Civil Lawsuits vs. Criminal Cases
In Florida, civil lawsuits for sexual assault are separate from criminal proceedings.
Criminal cases are prosecuted by the state and aim to punish the perpetrator through incarceration or other penalties. The burden of proof in a criminal case is “beyond a reasonable doubt.”
Civil cases are brought by the survivor (plaintiff) against the perpetrator and/or negligent third parties to recover monetary damages. The burden of proof is “preponderance of the evidence” (more likely than not), which is a lower standard than in criminal cases.
Survivors can pursue both criminal and civil remedies simultaneously. A civil lawsuit can proceed regardless of whether criminal charges are filed or whether the perpetrator is convicted.
Statute of Limitations for Sexual Assault Lawsuits in Florida
Florida law sets time limits for filing sexual assault claims, though these have been extended in recent years to better protect survivors:
- For civil claims arising from sexual assault, survivors generally have four years from the date of the assault to file a lawsuit under Florida Statutes Section 95.11.
- For survivors who were minors at the time of the assault, Florida law provides extended time limits. Claims can be filed until the survivor reaches age 28, or within four years of when they discover the injury and its connection to the assault.
- Recent legislative changes have eliminated the statute of limitations for certain sexual assault claims involving minors.
Because these laws are complex and subject to change, it’s crucial to consult with an experienced sexual assault attorney as soon as possible to understand your rights and preserve your claim.
Who Can Be Held Liable in a Sexual Assault Case?
In a sexual assault case, the perpetrator is the primary defendant. Florida law allows survivors to hold other parties liable for sexual assault as well if their negligence created unsafe circumstances. Including:
- Employers – Companies can be liable for sexual harassment and assault in the workplace, especially when supervisors are involved or when employers fail to address complaints.
- Property owners – Hotels, apartment complexes, parking garages, and other property owners have a duty to maintain reasonable security and may be liable for assaults that occur due to negligent security.
- Educational institutions – Schools, colleges, and universities can be held accountable for failing to protect students from known or foreseeable dangers, including assault by staff or other students.
- Healthcare facilities – Hospitals, clinics, and private practices may be liable for sexual assault committed by their employees, particularly when they failed to properly screen, train, or supervise staff.
- Religious organizations – Churches and religious institutions can be held responsible for assaults committed by clergy or other officials when they knew or should have known about the danger.
- Youth organizations – Sports leagues, camps, and other organizations have a duty to protect children from abuse and can be liable for negligent hiring, supervision, or failure to implement safety policies.
What Damages Can Be Recovered in a Sexual Assault Lawsuit
Florida law allows sexual assault survivors to recover various types of damages through civil litigation:
Economic Damages
These are quantifiable financial losses, including:
- Past and future medical expenses for treatment of physical injuries and mental health care
- Lost wages and loss of earning capacity if the assault affected your ability to work
- Cost of therapy and counseling
- Other out-of-pocket expenses related to the assault
Non-Economic Damages
These compensate for intangible harms such as:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Humiliation and loss of dignity
- Anxiety, depression, and PTSD
Punitive Damages
In cases involving particularly egregious conduct, Florida courts may award punitive damages designed to punish the defendant and deter similar future conduct. These damages go beyond compensating the survivor and serve to hold the guilty party accountable.
The Legal Process for Sexual Assault Cases in Florida
Understanding the legal process can help you feel more prepared and in control as you pursue justice. Here’s what to expect when working with our Florida sexual assault attorneys:
Initial Consultation
Your journey begins with a confidential, free consultation where we’ll:
- Listen to your story in a safe, supportive environment.
- Explain your legal rights and options.
- Evaluate the strength of your case.
- Discuss the legal process and what to expect.
- Answer any questions you have.
We understand how difficult it is to discuss your experience, and we prioritize your comfort and privacy throughout.
Investigation and Evidence Gathering
If you choose to proceed with a claim, our attorneys will conduct a thorough investigation, which may include:
- Obtaining police reports and criminal case records.
- Collecting medical records and evidence of physical injuries.
- Gathering witness statements.
- Obtaining surveillance footage or other physical evidence.
- Reviewing the defendant’s history and any prior complaints.
- Consulting with medical and psychological experts.
- Investigating security measures and policies in place at the time of the assault.
Filing the Lawsuit
Once we’ve gathered sufficient evidence, we’ll file a complaint in the appropriate Florida court, formally initiating your civil lawsuit. The complaint will outline:
- The facts of your case.
- The legal basis for the defendant’s liability.
- The damages you’re seeking.
Discovery Phase
During discovery, both sides exchange information and evidence. This process may include:
- Written interrogatories (questions that must be answered under oath).
- Requests for documents.
- Depositions (oral testimony under oath).
- Independent medical examinations.
Our attorneys will protect your rights throughout this process and work to minimize any re-traumatization.
Settlement Negotiations
Many sexual assault cases are resolved through settlement negotiations before trial. Our experienced negotiators will:
- Present a compelling case to the defendants and their insurers.
- Demand fair compensation for all your damages.
- Negotiate aggressively on your behalf.
- Advise you on whether settlement offers are fair and in your best interest.
Ultimately, the decision to accept a settlement is always yours. We’ll provide our professional recommendation but will support whatever choice you make.
Going to Trial
If a fair settlement cannot be reached, we’re fully prepared to take your case to trial. Our trial attorneys have extensive courtroom experience and will:
- Present compelling evidence and expert testimony.
- Tell your story effectively to a jury.
- Cross-examine defense witnesses.
- Fight for the maximum compensation you deserve.
Why Choose Swope, Rodante P.A. for Your Sexual Assault Case?
Choosing the right attorney is one of the most important decisions you’ll make. Here’s why sexual assault survivors trust Swope, Rodante P.A.:
Compassionate Representation
We understand the sensitive nature of sexual assault cases and treat every client with dignity, respect, and compassion. Your comfort and wellbeing are our top priorities.
Extensive Trial Experience
Our attorneys are seasoned trial lawyers who aren’t afraid to take on large institutions or insurance companies. We’ve successfully represented numerous survivors and secured significant compensation for our clients.
Confidentiality and Privacy
We take every measure to protect your privacy throughout the legal process. Where possible, we pursue protective orders and work to keep sensitive information confidential.
No Upfront Costs
We handle sexual assault cases on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures that everyone has access to quality legal representation regardless of their financial situation.
Comprehensive Resources
We work with a network of medical professionals, psychological experts, investigators, and other specialists to build the strongest possible case on your behalf.
Track Record of Success
Our firm has recovered millions of dollars for clients in personal injury and sexual assault cases. We have the experience, resources, and determination to maximize your recovery.
Protecting Your Rights as a Sexual Assault Survivor
If you’ve been sexually assaulted, taking these steps can help protect your legal rights:
- Seek medical attention: Your health and safety are paramount. Medical records can also serve as important evidence.
- Report the assault: Consider reporting to law enforcement, though this is your choice. A police report can strengthen a civil case.
- Preserve evidence: Keep any physical evidence, clothing, text messages, emails, or other documentation related to the assault.
- Document everything: Write down details about the assault, including dates, times, locations, and any witnesses.
- Seek emotional support: Reach out to counselors, support groups, or trusted friends and family. Mental health treatment can be crucial for your recovery.
- Consult with an attorney: Contact an experienced sexual assault lawyer as soon as possible to understand your rights and options.
- Avoid discussing your case publicly: Be cautious about what you share on social media or with others, as this information could be used against you.
Resources for Sexual Assault Survivors in Florida
In addition to legal representation, numerous resources are available to support sexual assault survivors in Florida:
- Florida Council Against Sexual Violence (FCASV): Provides a statewide hotline and connects survivors with local rape crisis centers. Hotline: 1-888-956-7273. Learn more at FCASV.org.
- RAINN National Sexual Assault Hotline: 1-800-656-HOPE (4673) – Free, confidential support 24/7. Online chat support available at RAINN.org.
Frequently Asked Questions About Sexual Assault Claims in Florida
Can I file a civil lawsuit if the perpetrator wasn’t convicted in criminal court?
Yes. Civil and criminal cases are separate proceedings with different burdens of proof. You can pursue a civil claim even if criminal charges were never filed or if the perpetrator was found not guilty in criminal court. The civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).
How long do I have to file a sexual assault claim in Florida?
Generally, adult survivors have four years from the date of the assault to file a civil claim. For survivors who were minors at the time of the assault, Florida provides extended time limits, often allowing claims until age 28 or within four years of discovering the injury. Because these laws are complex, it’s important to consult an attorney to understand your specific deadline.
Will my identity be kept confidential if I sue for sexual assault?
We take every possible step to protect your privacy. In many cases, we can pursue protective orders to keep your identity and sensitive information confidential. Court filings can sometimes use initials instead of full names. However, complete confidentiality cannot always be guaranteed in civil litigation.
Can I still sue for sexual assault that happened a long time ago?
Even if the assault occurred years ago, you may still have legal options. Florida has extended the statute of limitations for certain sexual assault cases, particularly those involving minors. Recent legislative changes have eliminated time limits for some claims. Contact our attorneys to evaluate your specific situation.
Do I have to report sexual assault to police to file a civil lawsuit?
No, you are not required to file a police report to pursue a civil lawsuit. However, a police report can provide valuable evidence and strengthen your case. We can help you understand the pros and cons of reporting to law enforcement.
If sexual assault happened at work can I file a lawsuit?
Yes. If you were sexually assaulted by a coworker, supervisor, or client, your employer may be liable, particularly if they knew or should have known about the danger and failed to take appropriate action. You may also have options through the Equal Employment Opportunity Commission (EEOC) or Florida Commission on Human Relations.
Do I have a case if I was sexually assaulted on someone else’s property?
Property owners have a duty to maintain reasonable security and protect guests from foreseeable harm. If the assault occurred due to negligent security (such as broken locks, inadequate lighting, or lack of security personnel), the property owner may be held liable in addition to the perpetrator.
How much is my sexual assault lawsuit worth?
The value of each case depends on many factors, including the severity of the assault, the extent of your physical and psychological injuries, your medical expenses, lost wages, and the egregiousness of the defendant’s conduct. Our attorneys will evaluate your case and provide an honest assessment of its potential value.
How long does a sexual assault case take?
The timeline varies significantly depending on the complexity of the case, the defendants involved, and whether the case settles or goes to trial. Some cases resolve within several months, while others may take several years. We work as efficiently as possible while ensuring we build the strongest case for you.
Will I have to testify in court?
Many sexual assault cases settle before trial, so you may not need to testify in court. If your case does go to trial, you would likely be asked to testify. Our attorneys will thoroughly prepare you for this process and support you every step of the way. We work to make the experience as comfortable as possible.
Contact Us for a Free Consultation with a Sexual Assault Lawyer
Sexual assault is never your fault, and you deserve justice and compensation for what you’ve endured. The attorneys at Swope, Rodante P.A. are committed to fighting for survivors and holding perpetrators and negligent institutions accountable.
We understand how difficult it is to come forward, and we’re here to support you with compassion, respect, and aggressive legal representation. Your consultation is completely confidential and free.
Contact Swope, Rodante P.A. today at (813) 273-0017 to speak with an experienced Florida sexual assault attorney. We’re ready to fight for you.
Works Cited
Florida Statutes § 95.11 – Limitations other than for the recovery of real property. Retrieved from https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html.
Florida Council Against Sexual Violence. Services for Survivors. Retrieved from https://www.fcasv.org/.
RAINN (Rape, Abuse & Incest National Network). The Criminal Justice System: Statistics. Retrieved from https://rainn.org/get-informed/facts-statistics-the-scope-of-the-problem/.
U.S. Equal Employment Opportunity Commission. Sexual Harassment. Retrieved from https://www.eeoc.gov/sexual-harassment.
Centers for Disease Control and Prevention. Preventing Sexual Violence. Retrieved from https://www.cdc.gov/sexual-violence/about/.
