Palm Beach sexual abuse lawyer

Is it Too Late to File a Florida Civil Sexual Assault Case?

June 1, 2024 | by David J. Halberg, Esq.

For survivors of sexual assault, true justice can feel elusive. No matter what penalty is ultimately imposed (if it is imposed), there is no erasing the trauma and physical violation. You may be healing the rest of your life. Despite the long-term impact, you do not have unlimited time to pursue justice for sexual assault in the civil courts. Palm Beach sexual abuse lawyer

In Florida, civil sexual assault cases should be initiated as soon as possible. Most torts (legal action against others for negligence or wrongdoing) must be filed within 2 years of the incident (or last incident, as may be the case with sexual assault). However, as our West Palm Beach sexual assault lawyers can explain, there are a few caveats for sexual abuse survivors.

As outlined in F.S. 95.11(7), a civil claim for intentional torts based on abuse can be filed at any time within:

7 years after the victim reaches the age of majority
Within 4 years after the person leaves the dependency of the abuser
Within 4 years from the time of discover by the injured party of both the injury and the relationship between the injury and abuse (whichever occurs later)

Civil claims against abusers for sexual battery and/or human trafficking of a child under 16 can be filed at any time. Approximately 22% of rape victims were under the age of 12 when it first happened. Approximately 32% were between the ages of 12 and 17, according to RAINN.

No arrest or criminal conviction is required to file or win a civil case against an abuser for sexual assault or abuse. Continue reading

Florida Sexual Abuse Lawsuits Filed Against Foster Care Nonprofits

December 5, 2023 | by David J. Halberg, Esq.

Two nonprofit organizations responsible for oversight of the state’s foster care system are accused of negligence in recently-filed Florida sexual abuse lawsuits. South Florida sexual abuse attorney

According to the Orlando Sun Sentinel, two school-aged girls alleged they were placed into the home of a man who repeatedly molested them and video recorded them in their bedrooms. Earlier this year, he pleaded guilty to federal criminal charges related to those acts.

Like many Florida sexual abuse lawsuits filed in civil court, this claim is not directly against the perpetrator. Instead, it is filed against organizations purported to have a duty to use reasonable care in protecting the plaintiffs and prevent them from becoming victims in the first place.

Florida Civil Sexual Abuse Lawsuits May Encounter Victim-Blaming Defenses

September 21, 2022 | by David J. Halberg, Esq.

When it comes to South Florida sexual abuse lawsuits against businesses, schools, churches, employers, and other institutions, victim-blaming unfortunately is not uncommon. South Florida sex abuse lawsuit

Our Palm Beach sexual abuse lawyers recognize that these attitudes stem largely from the greater societal problem known as “rape culture.” This is a term used to describe an environment in which sexual violence and harassment are normalized and excused by popular culture, influential people, and powerful institutions. Rape culture gets perpetuated through bodily objectification, misogynistic language, glamorization of sexual violence, and a general disregard for the rights and safety of those vulnerable to sexual abuse and assault. It’s the reason a lot of victims aren’t initially believed. It undeniably contributes to large percentage of sexual abuse and assault incidents going unreported.

When a person decides to pursue a civil lawsuit against an entity that failed to protect them from sexual abuse or assault, it’s not uncommon to see these harmful cultural undercurrents take center stage. We’ve seen far too many examples of this in Florida sexual assault lawsuits.

In 2017, the South Florida Sun-Sentinel reported that despite denials, the Miami-Dade, Broward, and Palm Beach County school districts had all blamed schoolchildren for their own sexual abuse in responding to sexual abuse litigation. In Palm Beach, the school district had argued in five separate sexual abuse cases – some involving kids as young as 6 – that the students’ own roles in the abuse should limit how much money the school district should pay them. In one case involving several fourth-graders molested by a teacher, school district attorneys argued the kids were not only careless and negligent, but “old enough to appreciate the consequences of their actions.” In other cases – some involving kids with emotional behavior disabilities – school districts arguing for lower financial damage awards said students were “culpable.”

This sort of defense tactic in a civil case is what is known as comparative negligence. As outlined in F.S. 768.81, it’s the idea that if someone bears a degree of responsibility for their own injury or harm, their damage award should be proportionately reduced. Of course, it’s one thing to argue a person hurt in a car accident somehow contributed to the cause of the crash. It’s quite another to argue that children are somehow responsible to any extent for the sexual abuse they suffer. Yet the defense sometimes still gets raised in these cases.

We may also see victim-blaming in workplace sexual assault or sexual harassment cases in the form of retaliation. Continue reading

Allegations of Florida Sexual Abuse at Massage Parlors

March 12, 2022 | by David J. Halberg, Esq.

Massage parlors are places with dark rooms, closed doors, and skin-to-skin contact with virtual strangers. Industry ethics codes and state laws are supposed to protect both clients and employees from predatory behavior, but allegations of Florida sexual abuse during massages or at massage parlors have been prevalent in recent years. In addition to busts for human trafficking and prostitution at some operations, there have been numerous civil lawsuits filed against spa owners. West Palm Beach sexual assault

A few years ago, Buzzfeed reported there were dozens of complaints in Florida, California, and other states stemming from alleged sexual assaults at the Massage Envy chain, which has more than 1,200 locations across the country. As our West Palm Beach sexual abuse lawyers can explain, journalists uncovered more than 180 individuals who had filed sexual assault lawsuits, police reports, and/or state board complaints against Massage Envy spas, their employees, and the national company. Many of those claims were allegedly mishandled by the chain. In some cases, managers reportedly dismissed claims for lack of merit based on alleged victims’ refusals to return to the site of the alleged assaults to provide a statement.

In 2018, nearly a dozen female customers in Palm Beach County accused Massage Envy of sexual assault at nine separate Florida locations. Most of those cases involved allegations that massage therapists had touched women in their private areas without consent. Plaintiffs alleged that the company failed to protect clients in a vulnerable setting by systematically and intentionally concealing a “rampant problem” of massage therapists accused of sexually assaulting customers. The company allegedly had an internal policy of urging staff to avoid calling police in cases of reported sexual assault – a practice that purportedly protected both the brand and profit of the company, not the safety and well-being of customers who had no reason to suspect they may be in danger. The women alleged they sought treatment for conditions like painful spinal injuries, and instead were sexually assaulted and exploited.

The company denied liability, but said it was partnering with an outside agency to review policies, improve training, and ensure sexual assault allegations were properly reported to local law enforcement. Continue reading

Suing for Sexual Cyberharassment in Florida

December 17, 2021 | by David J. Halberg, Esq.

Sexual cyberhassment, more commonly known as revenge porn, is when someone posts or distributes intimate videos, photos, or images of another person online without their consent and with the intention to harass or upset that person. In general, when a person gives consent for a depiction of themselves in a sexually explicit image, the reasonable presumption is that they expect that image is going to remain private – even if they share it with someone else, such as an intimate partner. Violation of that trust is cyber sexual harassment. West Palm Beach sexual abuse lawyer

As a crime, sexual cyberharassment in Florida is a third-degree felony, which carries a maximum penalty of 5 years in prison, per F.S. 784.049. Identifying information of the person depicted is a key element in the charge, as is the intent to cause emotional distress.

In addition to seeing justice through criminal charges and penalties, victims are within their rights to pursue monetary damages against the offender. As our Palm Beach sexual abuse lawyers can explain, the statute explicitly grants victims of this crime the right to initiate a civil action against the person who broke the law for various remedies, which may include:

Injunctive relief. This is an order to prevent, stop, or command certain behaviors.
Monetary damages of up to $5,000 or actual damages incurred as a result of violation of the law – whichever is greater. Damages can include things such as medical bills, lost wages or employment, and physical and emotional pain and suffering.
Reasonable attorney fees and costs.

There may be additional avenues in civil court to pursue for compensation in a case of sexual cyberharassment, but it will depend on the exact facts of the case and whether other entities had any degree of control over the offender. In particular, we’d be interested in analyzing whether the incidents occurred to any extent in the course and scope of employment. If an employer ignored a claim of sexual harassment in the workplace, there could be liability. Businesses have a responsibility to hold employees accountable for sexual harassment once it’s been reported. Schools, too, may be liable if they were made aware of a problem and failed to address it. Continue reading

Boy Scouts’ Sex Abuse Victims Seek Justice As Bankruptcy Deadline Looms

November 14, 2020 | by David J. Halberg, Esq.

It’s one of the largest child sexual abuse scandals in U.S. history, yet for years, victims were made to feel as if they were the only one. As the deadline looms for filing civil liability claims of sexual assault and abuse against Boy Scouts of America, systemic problems within the youth organization are proving worse than many ever realized. South Florida sexual abuse lawyer

The Scouts filed for Chapter 11 bankruptcy and protection earlier this year, amid a sharp decline in membership as well as a flood of sexual abuse claims. As our civil trial lawyers can explain, bankruptcy places an automatic hold on all pending lawsuits while global settlements are negotiated. The bankruptcy also compels victims to have their case handled in a single federal bankruptcy court rather than in state courts across the country. It also allows the agency to reorganize and restructure its finances while continuing operation. A trust has been established from which victims of abuse who file civil claims will be able to collect compensation.

Claims filed in bankruptcy court, once vetted, will be paid by Scouts organization (which has more than $1 billion in real estate assets) and/or their insurers through the established trust. We saw this same type of bankruptcy restructuring/trust with the mass torts of asbestos liability. Dozens of Catholic dioceses that had been accused of liability for child sexual abuse have also used it.

Some are predicting that tens of thousands of new claimants will meet this month’s deadline in the Boy Scouts’ bankruptcy case. The Los Angeles Times reports there could be more claims filed in this bankruptcy than in all the previous Catholic Church bankruptcies combined.

Our South Florida sexual abuse attorneys recognize this overwhelming response underscores that the problem of abuse in youth organizations is one that demands greater attention and accountability.

Victims of abuse suffer years with guilt and shame. Some have contracted sexually-transmitted diseases. Many who are now older have wrestled with addiction, alcoholism, anger and difficulty maintaining close relationships. Some victim family members allege the pain was so great, the victims took their own lives. Continue reading