sexual abuse lawsuit

How Much is a Florida Sexual Abuse Lawsuit Worth?

July 6, 2024 | by David J. Halberg, Esq.

How common are multi-million dollar Florida sexual abuse lawsuit verdicts and settlements? The likelihood of such an outcome really depends on the facts of the case, but usually cases resolved by larger sums make their way into the headlines. Florida sexual abuse lawyer West Palm Beach

Often, as our West Palm Beach sexual abuse lawyers can explain, these larger verdicts involve some type of punitive damages.

Punitive damages are paid to the plaintiff/victim, but are imposed on defendants for punishment for egregious wrongs or deterrent for future bad acts — as opposed to strictly compensating a victim for specific losses. Punitive damages are less likely to be awarded than other types of damages (physical pain and suffering, mental and emotional anguish, past and future medical bills, etc.), but they can be appropriate in many of these circumstances.

Punitive damages made up 66% of a recent $9 million Florida sexual abuse lawsuit verdict against the U.S. Tennis Association. In that federal case, jurors found the organization failed in its duty to protect a teen athlete from being repeatedly victimized by her coach between the ages of 12 and 19, who was allowed to continue working 1:1 with teen girls even after he’d sexually assaulted an employee. The USTA said it did not know of the prior sexual assault until the coach was fired following allegations made by the plaintiff. The plaintiff, now 25, said her coach repeatedly sexually battered her when she was a minor.

Of the $9 million awarded in that case, $6 million was specifically for punitive damages.

Recent Six-Figure Sexual Abuse Lawsuit Verdicts and Settlements

Sexual assault cases usually involve an organization, non-profit, employer, school, government agency or property owner that failed in its duty to provide reasonable security, protection or oversight, which in turn made the victim vulnerable to attack or exploitation.

Among some of the recently-reported high-profile six-figure damages sexual abuse cases:

A $2.5 million verdict in Arizona against a “trouble teen boarding school” that charged $9,000 monthly for “tough love,” but instead reportedly failed to address physical, mental and even sexual abuse by staffers against the teens. Most of that damage award consisted of punitive damages.
A $4.2 million verdict against the U.S. Twirling Association and a coach after a federal jury in New York found that the organization was negligent in protecting her from sexual assault on an international trip to Lima, Peru. The organization reportedly did not provide security after promising to do so and exaggerated the experience of the coach. The teens were reportedly taken on numerous outings to nightclubs and private parties. The victim alleged the president of the club that sponsored the trip drugged and raped her.
The Archdiocese of Baltimore’s deadline to file claims against its Chapter 11 bankruptcy case expired in June, with more than 700 victims of child sexual abuse by clergy seeking a portion of $1 billion in damages.
A $2 million settlement against a women’s prison in Hawaii led to an upgrade of camera systems throughout the corrections facility. Prisoners alleged sexual abuse by guards, particularly in so-called “blind spots” of the prison an din control booths. It was revealed that 40% of the prison’s camera systems weren’t functioning. Staff reportedly bribed inmates with snacks, methamphetamine and other privileges in exchange for sex. Because of the inherent power dynamics, prisoners cannot consent to sex with guards, even if both parties are adults.
A $1.6 million verdict was awarded to a New Jersey woman who alleged she was sexually abused by her teacher at school for months. The district was 60% liable. The teacher, now a local minister, was deemed 40% responsible.
The University of North Carolina School of the Arts has agreed to pay $12.5 million to former students who allege they were raped, groped and sexually harassed by teachers and staff.
A girl in Oregon was awarded $9 million in a verdict against her school and other parties for failure to protect her from sexual harassment and rape by male peers at her school while she was a third-grader.

Possible Damages in Florida Sexual Abuse Lawsuits

Victims of sexual assault who file civil lawsuits against the perpetrator and (more commonly) other parties responsible can seek financial compensation for: Continue reading

Understanding the Challenges When Suing a Church for Sexual Abuse in Florida

May 17, 2024 | by David J. Halberg, Esq.

Florida religious institutions and leaders enjoy broad legal protections under both the state and U.S. Constitutions. And while there is nothing in law that expressly protects clergy, churches, temples, mosques, or religious schools from civil sexual abuse lawsuits, some have argued – with mixed success – that the First Amendment protects them from liability when the failures analyzed are decisions rooted in religious doctrine. suing church for sexual abuse in Florida

As a South Florida sexual abuse lawyer can explain, sexual assault and molestation are not protected under the umbrella of free religious practice or free speech. However, churches have argued that they cannot be held accountable by the government/courts for negligence in carrying out certain functions – such as hiring and retention – because those functions stem directly from church doctrine – and are therefore protected by the First Amendment.

That was the argument before the Florida Supreme Court in the case of Malicki v. Doe. At the time, the Florida Supreme Court rejected this argument from a church accused of protecting an alleged abuser – though the ruling was split and somewhat controversial in the legal community. Churches will still try to cite the First Amendment in their efforts to sidestep responsibility for failure to protect vulnerable congregants from predatory leaders and members. That makes it all the more important to hire a civil trial lawyer who knows what to expect and how to counter such assertions.

Challenges to Florida Sexual Assault Claims Against Churches

But even with a growing chorus of successful cases, one should not assume that suing a church for sexual abuse in Florida will be easy. Some of the most significant hurdles in church sexual abuse lawsuits are:

Statute of limitations. Florida has a 2-year statute of limitations for most all tort claims rooted in negligence, per F.S. 95.11. (It used to be 4 years, but the law recently changed to shorten that window.) That includes potential causes of action in a sex abuse case against an institution. That said, if the abuse was ongoing, the statute of limitations clock wouldn’t start until the last instance of abuse. However, there may be some exceptions, particularly if you suffered sexual molestation or abuse years ago, but you were a child. Intentional tort claims – filed directly against the abuser – in cases involving child sexual abuse can be filed at any point.
Comparative fault. This is less an issue when the victim is a child, but in cases involving adult or even older teen victims, church defendants may argue there was “consent” between the parties, and thus the accuser was comparatively at-fault for the relationship. They may even bring up the sexual history of the plaintiff. It holds less water when we outline the power imbalance between both parties, but it’s a potential obstacle nonetheless.
Lack of evidence. There are often few if any witnesses to what happened beyond the people involved. Even if it can be proven the abuse occurred, establishing that the church or its leaders were negligent can be difficult. It’s imperative that such claims only be handled by experienced civil sexual assault attorneys.

Holding Abusers – and Their Protectors – Accountable

As staunch advocates for sexual abuse survivors, we are committed to giving prospective clients all the information they need to decide if and how they want to go forward. Continue reading

Can You File a Florida Sexual Assault Lawsuit Against the U.S. Coast Guard?

March 17, 2023 | by David J. Halberg, Esq.

Recently, an investigation by CNN spotlighted systematic issues with sexual assaults involving merchant shipping crews and the U.S. Coast Guard personnel responsible for policing them. As longtime civil trial lawyers representing survivors of sexual assault in South Florida, we’ve seen some confusion about how whether U.S. military branches can be sued in civil court for sexual assaults – and by whom. Florida sexual assault lawsuit

Most Florida sexual assault lawsuits name third parties as defendants. These are businesses or organizations or government agencies or employers that had a duty to protect the victim and failed to do so. This negligence is grounds for sexual assault survivors to pursue monetary damages for physical injuries, medical bills, lost wages, pain and suffering, mental anguish, emotional distress, etc.

With the U.S. military, it’s a little trickier – depending on who is trying to pursue damages. Sexual assault has been a pervasive and long-standing problem in all military branches. According to the 2021 U.S. Department of Defense Annual Report on Sexual Assault in the Military, the number of sexual assault reports spiked by 13 percent compared to the previous year. Although officials claim steady increases in sexual assault reporting indicate that survivors are more comfortable coming forward, anonymous surveys of troops don’t bear that out. They show that sexual abuse and unwanted sexual contact is on the rise, but fewer are reporting it, and fewer perpetrators are legally punished. Among female service members, 8 percent reported experiencing unwanted sexual contact in 2021. For men, it’s 1.5 percent.

Suing the Military for Sexual Assault is Complicated

Historically, military members haven’t been able to sue for sexual assault that occurred while they were serving. As our West Palm Beach sexual assault lawyers can explain, the U.S. government has for more than 70 years leaned on the Feres doctrine, which bars troops from seeking monetary damages in civil court for injuries sustained in active duty service. The one exception is medical malpractice.

However, that may be changing. Last year, the U.S. Court of Appeals for the Ninth Circuit ruled in Splestoser v. Hyten et al that the Feres doctrine (named for a U.S. Supreme Court ruling) was intended only to prevent troops from suing the federal government over injuries sustained in training and combat. It was not, the three-judge appellate panel ruled, intended to apply to sexual assault – because sexual assault doesn’t “conceivably serve any military purpose.”

The Splestoser case definitely moves the needle, but that doesn’t mean the legal floodgates are entirely open. The plaintiff in Splestoser is suing her attacker directly (for an intentional tort) as opposed to the U.S. military directly for some sort of negligence. The alleged assailant is arguing this was under the military’s jurisdiction. His argument is that he shouldn’t be held liable, the military should. But either way, this case opens the door potentially to allowing sexual assault survivors to sue the military and the U.S. Department of Defense (DOD). The ruling sets a precedent, but there’s no guarantee other federal appellate courts will decide the same. (This was in the 9th Circuit Court of Appeal, while Florida is part of the 11th Circuit.) It’s possible other circuits could decide differently in the face of a similar challenge. If that happens, the conflict will have to be certified to the U.S. Supreme Court for resolution.

This brings us to the case highlighted by CNN involving a military academy student aboard a marine merchant ship overseen by the U.S. Coast Guard. (Worth noting: The DOD reports sexual assaults and harassment are on the rise in military academies as well. There were 155 formal reports made during the 2021-2022 school year, though officials suspect hundreds more went unreported.) This case involves a U.S. Merchant Marine Academy student (attending a federal service academy), a private marine merchant, and an employee for that private marine merchant. The U.S. Coast Guard is under fire here because it is supposed to be responsible for law and order on this commercial ship and thousands of others in American ports and waterways. Further, the U.S. Coast Guard vets mariners and offers continued monitoring and enforcement of misconduct on land or while on-the-job. A serious offense could result in the marine merchant being stripped of their credentials. If a merchant mariner is accused of a crime on a U.S. flag ship, it’s the U.S. Coast Guard’s law enforcement division responsible for investigating and pursuing criminal charges. The Coast Guard also has a whole separate administrative division with the duty to investigate misconduct and strip a mariner of credentials for egregious offenses. Continue reading

What Kind of Attorney Do I Hire in a Florida Sexual Assault Civil Case?

August 30, 2021 | by David J. Halberg, Esq.

Survivors of sexual abuse and assault have endured more pain and mental anguish than many others experience in a lifetime. Legal accountability for those responsible can be an important part of the healing process. It’s important that if you’re considering pursuing a civil sexual assault case in Florida that you hire an injury attorney who is experienced in handling these types of complex claims. It is a specific area of law that should only be considered in careful consultation with a compassionate injury lawyer who is prepared to offer legal guidance and support throughout the process. Palm Beach sexual assault lawyer

According to the U.S. Centers for Disease Control and Prevention, sexual violence is not only prevalent, it’s preventable. Approximately 1 in 4 girls and 1 in 13 boys suffer sexual abuse before they turn 18.

Many survivors of sexual abuse and assault know that by reporting what happened to law enforcement, they are opening the doors to a criminal case and possible criminal charges. What many don’t know is that they may also have grounds to pursue a personal injury lawsuit in the civil justice system.

It is incumbent on schools, sports organizations, religious groups, nursing homes, property owners, workplaces and other entities to create protective environments that are safe and routinely monitored. Proactive sexual harassment and violence prevention plans are essential. When these entities fail to exercise reasonable care and risks the safety of vulnerable guests, students, residents, or members, they can be held legally responsible in civil court.

Our dedicated South Florida injury lawyers have years of experience successfully pursuing justice and meaningful recovery on behalf of sexual assault survivors. Continue reading

Should I Sue for Florida Sexual Assault? Civil Injury Lawyers Can Advise.

March 3, 2021 | by David J. Halberg, Esq.

Florida has two sets of legal justice systems: Criminal and civil. The sole purpose of the criminal justice system is to punish the offender. Prosecutors represent the government in pursuing charges. In criminal sexual assault cases, the survivor is a witness. In the civil justice system, the survivor is the driving force, with the primary goal of compensation to the victim for physical harm, emotional damages and other adverse impacts. In some cases, survivors can compel third parties (schools, hospitals, sports programs, etc.) to compensate them for any negligence that created an opportunity for the assault to occur. Civil actions can also result in third parties being ordered to to take certain actions to prevent future assaults. Florida sexual assault civil lawyer

As South Florida sexual assault attorneys, we represent survivors as they work their way through the civil justice system. We can also help protect their interests if there is a pending criminal case. We do believe that if someone else’s criminal or negligent actions caused you physical injury, pain and suffering and mental anguish, they should be accountable for it.

We fully recognize that no amount of money is going to erase the awful realities of what happened. But damages can help to offset the cost of things like medical bills, trauma counseling and the wages you have lost while trying to piece your life back together. It’s also a measure of justice for the loss of intangible things, such as your mental health and the damage to your personal relationships.

The decision to move forward with civil litigation is a substantial one, and shouldn’t be made lightly. It’s very important that you review the strength of your claim, the potential emotional impact and the best and worst case outcomes. Continue reading

Overcoming Obstacles to Civil Liability in Florida Sexual Assault Lawsuits

June 20, 2020 | by David J. Halberg, Esq.

An estimated 1 in 6 women in Florida will be victimized by sexual assault at least once in life, while 1 in 5 men will be victimized by some form of sexual violence other than rape. Although survivors can make the decision to report such actions to police, pursuing criminal prosecution is ultimately up to the local state attorney’s office. Even if the prosecutor files charges and secures a conviction, the reality is compensation to the victim in the form of restitution is unlikely to be adequate (if it’s ordered or able to be collected at all). Florida sexual assault lawsuit

But one avenue through which survivors may still obtain justice is civil litigation. As our West Palm Beach civil trial lawyers can explain, the goal of a civil sexual abuse lawsuit isn’t to undo what cannot be undone. Rather, it is to make victims as whole as possible by compensating for physical injuries, disability (time you had to take off work), mental and emotional trauma and even damaged relationships.

And the perpetrator may not be the only one you can hold responsible – even if he or she acted alone. In civil litigation, you’ll want to explore the potential liability of:

The owner/controller of the property where the sexual assault happened.
The offender’s employer.
The school, daycare, sports organization, religious institution, nursing home or hospital that had a duty to protect the victim.
Any security firms contracted to keep people safe.

Civil liability against third parties in sexual abuse lawsuits considers the duty of care the defendant owed to protect the plaintiff (victim) and whether the offense was reasonably foreseeable. Did the employer do enough to vet its workers? Did the sports organization overlook years of misconduct by a coach? Did the hotel fail to make sure it had adequate security staff on site to keep guests safe? These are the kinds of things that can result in a finding of third-party liability in Florida sexual assault lawsuits. Continue reading