Sexual Abuse Lawyers Serving Hollywood
Understanding the legal definition of sexual abuse is essential before deciding on filing a claim. Sexual abuse is a legal term meaning any type of non-consensual sexual contact or behavior. This includes, but is not limited to, rape and sexual assault, molestation, and other forms of unwanted physical or verbal sexual conduct.
While it may not always seem as significant as other types of crimes that are punished under Florida law, sexual abuse carries with it serious emotional, physical, and financial consequences that can have long-term effects on those who experience it. Any survivor of sexual abuse should understand their legal rights and the remedies available to them before filing suit.
It is especially important to keep in mind that there are laws in place in Florida that protect survivors' rights and provide remedies for those who have been abused. For example, the Florida Civil Rights Act prohibits discrimination on the basis of gender by employers and other entities that receive state funds. Additionally, The Victims' Rights Amendment (VRRA) guarantees survivors certain rights when dealing with court proceedings related to the crime.
What Is a Sexual Abuse Claim?Are you or a loved one considering filing a sexual abuse claim in Hollywood, Florida? Before you do, it's important to understand the basics of such claims and the legal process for seeking justice.
A sexual abuse claim is a legal action taken when another has harmed an individual through unwanted sexual contact. This can include physical contact, verbal harassment, non-consensual sexual activity, or any other type of inappropriate behavior.
In some states, individuals may file civil actions related to sexual abuse to seek financial compensation for their injuries and damages, such as pain and suffering and emotional distress. Additionally, these claims can be filed against the abuser or those who enabled or assisted in the abuse.
The filing of a sexual abuse claim has implications beyond seeking justice—it also offers many individuals the opportunity to heal from their experiences of trauma while advocating for change within society at large. In many cases, successful civil suits require evidence and testimony from multiple sources to demonstrate that the abuser was unjust in their behavior.
By taking action against those responsible for harm, survivors may gain long-term peace of mind knowing that justice was served and help ensure that similar injustices do not occur again.
Types of Sexual AbuseIf you're going to file a sexual abuse claim in Hollywood, Florida, it's worth knowing the different types of sexual abuse. According to Florida Statutes, there are several types of sexual abuse, and all are punishable by law. Let's take a look at some of the most common forms of sexual abuse:
Sexual Assault
Sexual assault is any unwanted or forced physical contact involving kissing, fondling, or other sexual acts that could make the victim feel violated or humiliated.
Sexual Exploitation
This type of abuse involves taking advantage of someone for sexual purposes, either through coercion, manipulation, or blackmail. This can include making someone perform a service or act for money or other commodities.
Sexual Harassment
Under Florida law, sexual harassment is defined as unwelcome verbal, physical, and visual conduct that creates an intimidating work environment. It includes requests for sexual favors, inappropriate comments about someone's body or behavior, and more.
Rape
Rape is considered the most serious form of sexual abuse in Florida and can occur when force is used to compel someone into having sex without their consent.
It is important to understand the requirements for filing a sexual abuse claim in the state of Florida. When making a claim, you must be able to prove that another person's conduct or action harmed you. This conduct or action must have been done intentionally or recklessly, and it must have caused you physical and psychological harm.
Additionally, you need to be able to prove that the other party had a duty to protect you from harm when the event occurred. This can include an employer with an obligation to protect their staff from sexual abuse or a negligent supervisor who was aware of potential danger but did not do anything to prevent it. You also need to establish that the individual who committed the sexual abuse was responsible for your resulting damages.
Finally, claims must generally be filed within four years of the date of occurrence (or discovery if it was not immediately apparent). However, this timeline may be extended significantly under certain circumstances such as cases involving minors.
The Different Types of Sexual Abuse Claims in FloridaIf you are thinking about filing a sexual abuse claim in Hollywood, Florida, there are several types of claims that you may be able to pursue. The specifics will depend on the circumstances of your case, but some of the most common types of sexual abuse claims in Hollywood, Florida, include:
Intentional Infliction of Emotional Distress
This type of claim is based on the idea that the perpetrator caused you severe emotional distress. To prove your case, you will need to show that they acted intentionally or recklessly and their actions were extreme and outrageous.
Assault And Battery
Assault is an intentional act in which a perpetrator creates fear in their victim, while battery involves physical contact with another person without their consent. These two forms of criminal behavior can form the basis for a civil suit for damages.
Negligence
If someone's negligence made it possible for sexual abuse to occur, then they may be liable for civil damages. For example, if a school failed to implement proper protocols or procedures, they could be found liable if one of their students was sexually abused while at school.
Strict Liability
Strict liability involves holding an employer liable for wrongdoings committed by an employee within the scope of their job duties. This could include a teacher who sexually abuses a student or a doctor who takes advantage of his patient. Employers can also be held liable for failing to properly supervise and manage employees when sexual abuse occurs.
One important thing you need to know before filing a sexual abuse claim in Florida is the statute of limitations. It's essential to understand what type of timeline these claims have so you can file your lawsuit in time.
Under Florida law, the statute of limitations for sexual abuse claims is typically four years from when the victim turns 18 years old. However, there are some exceptions, such as if the alleged perpetrator was or is a member of the clergy (7 years) or was employed by certain types of organizations at the time of the abuse (7-15 years).
The clock starts ticking once any discovery of harm caused by an act of sexual abuse is made. This means that if you weren't aware that you had been sexually abused until years after it took place, you may still be eligible to file a claim—as long as it's within four years from when you achieved adulthood or within one of the special statutes mentioned above.
Other things to keep in mind regarding statutes of limitation for sexual abuse claims in Hollywood, Florida, are:
- If a minor is sexually abused and their parents bring a case on their behalf, then it has to be done before the child reaches 18 years old. Otherwise, they will have to wait until they turn 18 and then file within four years after that date.
- If new evidence arises after four years and extends back before the statute timeline has passed, then it can still be used in court as evidence.
Once you've decided to pursue a sexual abuse claim in Hollywood, Florida, you should know what to expect during the process. It's important to understand the timeline and what steps need to be taken.
Filing a Complaint
The first step is filing a complaint with the Florida Department of Law Enforcement. This can be done either in person or by mail. In your complaint, you will need to provide basic information about yourself and details about your abuser and the alleged incident.
It's important to include as much detail as possible so that investigators can understand what happened. If a criminal case is opened, this will also be used as evidence in court.
Investigation of Your Claim
Once a complaint is filed, law enforcement will investigate the claim and decide if they believe there's enough evidence for a criminal case. You may be asked to provide additional information or documents related to your case during this time. You may also be asked to testify in court if needed.
Court Proceedings
Once law enforcement has determined that there is enough evidence for a criminal case, it will go before a court of law for proceedings. Depending on your specific situation, these proceedings may take months or even years to determine the final outcome.
It's important to remain patient and have an experienced attorney on hand during this period so that everything goes smoothly and your rights are protected throughout the process.
What Type of Evidence Should I Gather to Support My Claim?If you're preparing to file a sexual abuse claim in Hollywood, Florida, one of the most important things you need to do is gather evidence to support your claim. This can include anything from photos of the incident, testimonies from witnesses, medical records, and more.
Photos
If you have photos of the incident or any related injuries that you suffered as a result of the abuse, these can be used as powerful evidence. If possible and if it is safe to do so, take photos of the scene where the incident occurred, any injuries that were sustained, and other evidence that could support your claim.
Testimonies
When filing a sexual abuse claim in Hollywood, Florida, it's also important to get testimonies from witnesses who were present during or observed the incident. If there are people who are willing to testify on your behalf and provide statements attesting to what they saw happen, it can strengthen your case significantly.
Medical Records
Medical records related to physical or psychological injuries caused by the abusive incident should also be collected when filing a sexual abuse claim in Hollywood, Florida. These records can prove that treatment was necessary due to the abuse and provide tangible evidence for court proceedings.
It's also important to keep all paperwork associated with hospital visits or other medical treatments related to any injuries resulting from the abusive situation for use in court.
What kind of damages can I recover in a sexual abuse claim in Florida?If you've decided to take legal action against your abuser in Hollywood, Florida, you may wonder what damages you can recover.
The most common types of damages that can be recovered through a sexual abuse claim in Hollywood, Florida, include, but are not limited to:
- Compensatory Damages: Compensatory damages are intended to reimburse the victim for losses they have incurred as a result of their abuse. This can include economic damages such as medical bills, lost wages, funeral expenses, and non-economic damages such as pain and suffering and emotional distress.
- Punitive Damages: Punitive damages are intended to punish the abuser for their actions and deter them from similar behavior. Punitive damage amounts vary greatly depending on the particular case and its circumstances.
- Injunctive Relief: Injunctive relief is a type of court order that requires or prohibits a certain action by one or both parties. In sexual abuse cases, this could include restraining orders that prohibit an abuser from contacting their victim or entering specific locations.
It's important to note that victims of sexual abuse may also be eligible for compensation from the state under laws such as Florida's Victims Compensation Program (VCP). The VCP is designed to provide financial relief to victims who have suffered physical harm because of violent crimes committed against them in the state of Florida.
Should I Report the Abuse to The Police Before Filing a Claim?If you are considering filing a sexual abuse claim in Hollywood, Florida, you may be wondering whether or not you should report the abuse to the police before filing a claim. The answer depends on the situation.
In most cases, it is best to report the abuse to the police first. This is because filing a criminal complaint can help establish the legal details of your case and provide evidence that may help in court. However, if for some reason you do not feel comfortable reporting the abuse to law enforcement, it is possible to file a sexual abuse claim without doing so.
Before you make any decision, it is important to speak with an attorney who specializes in sexual abuse claims and can advise you on how best to proceed. An attorney will be able to explain what rights and options are available to you and help guide you through the process of filing a claim.
How can I find a qualified attorney to help me with my sexual abuse claim in Florida?Looking for a qualified attorney to help you with your sexual abuse claim in Hollywood, Florida? It can be overwhelming, but don't worry—there are some steps you can take to make sure you find the right lawyer for you.
Ask Around
Friends, family, or even co-workers may know of a reputable attorney. Even if they don't have a specific suggestion, their feedback on different lawyers can help point you in the right direction.
Look Online
Most attorneys will have websites where you can learn about them and their qualifications. Be sure to read through the reviews for attorneys that catch your eye.
Other attorneys may be able to refer you to qualified lawyers who specialize in sexual abuse cases. You can also contact local Bar Associations for referrals as well.
You'll want an experienced attorney who specializes in sexual abuse cases, so they can help evaluate your case and determine what your legal options are. You should also choose someone who makes you feel comfortable and is willing to take the time to answer all of your questions.
Contact Frankl Kominsky, Sexual Abuse Lawyers Serving HollywoodIt's time to think about getting help. If you're considering filing a sexual abuse claim in Hollywood, Florida, contact Frankl Kominsky's sexual abuse lawyers today. We'll be here for you every step of the way, from getting information about filing deadlines to understanding your legal rights as a survivor of sexual abuse.
When you contact us, you'll find helpful and experienced attorneys who will provide the support and guidance you need to take the next steps. We pride ourselves on providing compassionate representation and keeping our clients informed.
The team at Frankl Kominsky sexual abuse lawyers has extensive experience navigating cases involving sexual abuse claims in Hollywood, Florida, so we know what it takes to succeed. We understand this can be an incredibly traumatic experience, so we will do everything we can to ensure your case is handled with sensitivity and compassion. Don't hesitate to reach out—we are here for you at (561) 800-8000.