BLOG

In most recent times in Florida, personal injury claims being the result of sexual assault has been on the rise bringing a cause for concern. Quite an alarming number of people have been sexually assaulting or abusing others. In more than 30 of such instances, the suspects have been criminally convicted while dozens of criminal and civil cases are pending.

While civil lawsuits in Florida seek to punish sexual assault offenders under the law and duly compensate the victims, it is important that sexual assault claims are reported to the authorities immediately the act is committed or as soon as possible irrespective of how long ago it was committed.

With the aid of a Florida injury attorney and a timely police report of such incident, the victim can be protected while evidence is collected and statements from victim and possible witness(s) can also be gotten. It is important that such evidences and statements are gotten as early as possible and are preserved and also handled by institutions and personnel of high integrity.

Florida has statutory laws regarding sexual offences or abuse under which various sexual offences, penalties, conditions for civil claim and mode of handling are defined.

For instance, ‘Sexual Battery’ is defined in Florida as any penetration through mouth, anus or vagina or any union with the private organ of someone else, or the penetration through anus or vagina of someone else with any other object, except for reasonable medical procedures.

Until the year 2010, the State had a Statute of Limitation which required that minor victims must file a civil lawsuit on or before their 22nd birthday although there were few exceptions to this law.

It is worthy of note that upon filing a police report towards a successful civil claim for damages over a sexual assault, the victim, their handlers and all persons involved must take cognizance of all details such as time, date, specific days of the week, contact information of all persons involved, in some instances, pictures. It must be known that preservation of all evidence is crucial because in many cases the only indicting element is the memory and testimony of persons involved in such event.

However, little discrepancies in evidences such as contradicting statements of victim or witness(s) may alter the course of an otherwise successful civil claim.

In the event of a sexual assault or abuse, a Florida injury attorney who is experienced in handling injury cases for sexual assault victims in conjunction with a law firm will have to work with law enforcement agents in order to get the offender prosecuted. The State law allows for civil claims to be filed even if the offender is not convicted or even if charges were never pressed.