Gainesville Sexual Assault Lawyer

Disclaimer: Our law firm does not handle sexual assault cases. This article is for informational purposes only. The article’s information does not constitute formal legal advice or create an attorney/client relationship.

Gainesville Sexual Assault Lawyer

Were you or a loved one sexually assaulted in Gainesville, FL? You may be entitled to file a personal injury lawsuit against your attacker and negligent third parties.

An experienced Gainesville sexual assault attorney can help you fight for justice and compensation. They’ll pursue all legal avenues to ensure that you receive the results you deserve.

Sexual Assault Case in Gainesville 

How Allen Law Firm, P.A. Can Help With a Sexual Assault Case in Gainesville 

Sexual abuse is an unforgivable crime. You deserve to see your attacker behind bars. In fact, you deserve every bit of justice the law has to offer. That can include holding responsible parties financially liable. 

Sexual assault cases can be complex and emotionally charged. A Gainesville personal injury attorney can help you get the money you need and deserve.

When you establish an attorney-client relationship, your lawyer will:

  • Identify anyone who may be responsible for your injuries
  • Gather all relevant evidence
  • Work with your doctors and hire experts to assess the cost of your injuries
  • Deal with the insurance companies and sex crime defense attorneys
  • Fight to maximize your compensation award

Contact a Gainesville personal injury lawyer to get the legal process started. Most attorneys offer a free initial consultation to discuss your options.

How Common is Sexual Assault in Gainesville?

How Common is Sexual Assault in Gainesville?

Statistics show that someone in the United States is sexually assaulted every 68 seconds. In Florida alone, 8,105 rapes and 331 attempted rapes were reported in 2018. Police arrested only 1,937 suspects statewide.

In Alachua County, 322 sex offenses were reported to law enforcement in 2018. 

Unfortunately, sexual assault is probably much more common than the numbers show. In fact, it’s estimated that around 80% of all sexual assault cases are never reported.

What is My Gainesville Sexual Assault Case Worth?

Sexual battery is a criminal offense in Florida. However, you may be entitled to hold your attacker and other responsible parties liable for financial compensation — even if criminal charges are pending.

The dollar value of your individual case or situation will depend on:

  • The nature of the defendant’s actions
  • The severity of your injuries
  • Your anticipated recovery time
  • The cost of your medical treatment and out-of-pocket expenses
  • How the attack and injuries changed your life

You’ve been the victim of a serious crime. It can seem impossible to put a dollar value on your suffering. Let an attorney tackle that complex task. With the help of experts and specialists, a lawyer can estimate how much your personal injury case is worth and fight for the maximum compensation you deserve.

What Types of Damages Are Available to Victims of Sexual Assault in Gainesville, FL?

The criminal justice system penalizes Gainesville sex offenders with jail time and financial penalties. In civil court, the remedy is damages. In other words, you can recover financial compensation to cover the costs associated with your injuries.

Those costs include both financial expenses and non-financial pain, suffering, and trauma.

Your financial losses are called economic damages. Victims are often entitled to recover compensation for:

  • Past and future medical expenses
  • Lost wages and income
  • Diminished future earning potential
  • Rehabilitation 
  • Psychological counseling
  • Medications 
  • Property damage

Non-financial losses are called non-economic damages. You may be entitled to money for your:

Courts also have the authority to award punitive damages. Punitive damages don’t cover a specific loss. Instead, they punish the defendant for malicious or intentional wrongdoing. While punitive damages are rare, courts may be inclined to award these damages to punish your attacker.

An attorney can make sure you recover the full compensation you deserve.

You Deserve To Recover Compensation for All of Your Injuries

A knowledgeable attorney can fight to recover fair compensation for all of your injuries–both physical and emotional.

Sexual assault victims often suffer:

Who Can Be Held Financially Responsible for Sexual Assault in Gainesville?

Anyone whose actions contributed to the assault can ultimately be held financially responsible for your damages.

That includes your attacker. It’s your attacker who actually committed the assault – and that person can be held fully accountable for damages in civil court. However, someone else’s negligence may have made the assault possible. 

It’s possible to hold a negligent third party responsible for injuries caused by reasonably foreseeable criminal activity.

Responsible parties may include:

  • Business owners, including bars, nightclubs, restaurants, and stores
  • Hotels
  • Apartment complexes and landlords
  • Cruise ships
  • Schools 
  • Colleges and universities
  • Sports and entertainment complexes
  • Rideshare companies
  • Hospitals 
  • Nursing homes 
  • Parking garage operators
  • The employer of your attacker, if the attacker was working
  • Government agencies 

The attacker may be facing criminal charges. The courts may order the attacker to pay you restitution. Regardless of what a Gainesville criminal defense attorney tells you, it’s important to understand that restitution is separate from damages in a civil personal injury case. Even if your attacker is found guilty, you still have the right to sue for damages in civil court.

It’s important to remember that the standard of proof in civil cases is lower than in criminal cases. You may be entitled to hold your attacker liable even if the prosecution can’t convict based on the “beyond a reasonable doubt” standard.

How Do I Prove Negligence in a Gainesville Sexual Assault Case?

In Gainesville, property owners and managers have to make sure their invited visitors, guests, and customers are safe. That includes installing adequate security to prevent foreseeable crimes. Failing to provide adequate security is a type of negligence.

To recover damages for sexual assault injuries based on negligence, you must establish:

  • The legal duty of care that applies in your case
  • The attack was reasonably foreseeable
  • The property owner breached the duty of care by failing to take precautions
  • Failure to install adequate security allowed the attack to occur
  • Damages 

Property owners owe customers and guests a legal duty of care under Florida premises liability laws. Most civil sexual assault claims against third parties are based on negligent security. If the property owner failed to provide a reasonable level of security, you may be entitled to damages.

What constitutes “reasonable” security depends on the circumstances. Property owners must adopt stricter security measures in neighborhoods where criminal activity is common or foreseeable. 

That might include:

  • Hiring security guards
  • Installing security cameras
  • Making sure locks are properly installed and working
  • Keeping gates closed
  • Providing adequate lighting
  • Screening and training employees

Business owners can also be held liable for the wrongful acts of employees under vicarious liability theories.

How Long Do I Have to File a Civil Sexual Assault Lawsuit in Florida?

Injured parties have a limit of four years to file a sexual assault lawsuit in the State of Florida. Once the four-year statute of limitations expires, you could lose your right to compensation.

You may have more time to sue your attacker for damages. It’s possible that your civil case could be stayed–or paused–while your attacker faces criminal charges.

Unfortunately, you risk losing your right to compensation if you don’t take legal action before the applicable deadline.

Contact a Gainesville Sexual Assault Lawyer for a Consultation

If you are a victim of rape, indecent exposure, or another sex crime, you deserve justice. Contact a lawyer to discuss your legal options.

Our personal injury law firm in Gainesville, FL provides: