sexual abuse lawyer

In-Flight Sexual Assault? Contact West Palm Beach Sexual Abuse Lawyers ASAP

August 10, 2024 | by David J. Halberg, Esq.

A number of alarming in-flight sexual assaults have been reported over the last several months. Here in Palm Beach County, there are hundreds of thousands of airline passengers in and out of Palm Beach International Airport every single month. As West Palm Beach sexual abuse lawyers want to outline passenger rights and some avenues of recourse you are sexually assaulted on a plane. in flight sexual assault West Palm Beach sexual abuse lawyers

According to FBI data, there were nearly 100 cases of in-flight sexual assaults in the U.S. reported last year. Given that sexual assault is a greatly underreported crime, it’s likely the actual number of incidents is much higher.

Airlines have legal, ethical and industry standard obligations to prioritize the safety of their passengers. U.S. law imposes a heightened duty of care for airlines on domestic flights that can make them liable for foreseeable criminal acts, including sexual misconduct or sexual assault.

Sexual assault can be a reasonably foreseeable threat in situations involving tight quarters, alcohol service and especially when there are unaccompanied minors and/or minors seated away from family members with whom they’re traveling (an all-too-common issue that the U.S. Department of Transportation is attempting to address with a proposed regulation to require fee-free family seating for kids 13 and under).

We’ll be the first to concede that flight crews don’t always have it easy. But doesn’t mean they get a free pass if they fail to exercise reasonable care and a passenger is sexually assaulted as a result.

Some reported cases of in-flight sexual assault on airplane in recent years: Continue reading

Can Schools Be Liable for Florida Sexual Abuse Facilitated by District Laptops?

June 1, 2023 | by David J. Halberg, Esq.

If a school principal opened the doors to adult sexual predators and gave them the means and access to regularly communicate with students on school grounds – there would be no question of legal liability for whatever harm was inflicted on those children as a result. But what if the means and access was via a school laptop? Do schools bear a legal duty to monitor district-owned electronic devices to prevent predators from using them to gain access to kids? Florida sexual abuse lawsuit school district laptops

Plaintiffs in a newly-filed Florida sexual abuse lawsuit against a county school board say: Yes.

According to the Miami Herald, a mother is suing a Florida school district because she said her daughter met a predator online while using a school-issued laptop. The 11-year-old was allegedly groomed, kidnapped, and sexually assaulted by the man who first made contact with her through a social media app that she used regularly on her school laptop. The laptops were issued when the school district shifted to remote learning during the pandemic. During this time, there were reportedly on protections to block social media on the devices.

Early into the start of the 2020-2021 school year, the girl was contacted by a 26-year-old man on social media. According to the civil complaint, the man expressed a desire to have a romantic/sexual relationship with her, said he wanted her to move into his home, and he planned to tell everyone that she was a young relative of his. On more than one occasion, he tried to get her to leave home, promised to buy her a new phone, and asked her to provide illicit photographs of herself. Again – all of this was done on her school-issued laptop, on school days, and during school hours. Continue reading

What the E. Jean Carroll Sex Abuse Lawsuit Tells Us About This Type of Litigation

May 15, 2023 | by David J. Halberg, Esq.

Over the past several years, numerous high-profile sexual assault and sexual abuse lawsuits have raised public awareness about both the realities and long-term consequences of this trauma. It’s part of the reason so many states have passed look-back laws or lifted the statute of limitations for claims stemming from alleged child sex abuse. The recent liability verdict in a civil case sex abuse lawsuit against former President Donald Trump by prominent writer/advice columnist E. Jean Carroll after a decades-old dressing room encounter has raised a lot of questions about why this claim was filed now, the grounds on which Carroll prevailed, and what it means for other alleged victims of sexual assault and abuse – particularly those whose abuse happened decades ago. sex abuse lawyer West Palm Beach

For those who are unfamiliar with the case, Carroll alleges Trump raped her in a department store dressing room in the mid 1990s. She first spoke out about what happened in 2019, while Trump was president. (Prior to his election, dozens of women accused him of sexual harassment and/or assault occurring over decades, but none had resulted in criminal charges or a civil liability verdict.)

Trump denied her claims, said he’d never met her, did not find her attractive, and called her a liar. She sued him for defamation. When New York state passed the Adult Survivors Act, giving sex abuse victims a one-year window to sue attacker for assaults that took place years ago, Carroll filed a second claim accusing Trump of rape, sexual abuse, and defamation. (Her claim, filed 30 minutes after the law went into effect, was the first under the law to go to trial.)

At trial, other women testified to similar assaults by Trump around the same time frame. A jury ultimately found him liable for sexual abuse and defamation, and ordered Trump to pay both compensatory and punitive damages of $5 million.

As longtime West Palm Beach civil trial lawyers representing survivors of sexual assault and abuse, it’s important to address some of those issues that appear to be causing some confusion in public discussions on these types of cases.

Let’s start with one of the most pervasive questions:

Why now?

Does Florida Allow Third-Party Liability for Clergy Sexual Misconduct With Adult Parishioner?

July 5, 2022 | by David J. Halberg, Esq.

Although many Florida sex abuse lawsuits against churches involve molestation, assault, or abuse of minors, there may be a cause of action in the event of sexual misconduct involving clergy and an adult congregant as well. South Florida sex abuse lawyer

Such cases may be brought because the courts have held that the First Amendment (which protects freedom of religion) does not protect churches from liability for harm to a third party that arises from alleged sexual misconduct by clergy members. The state recognizes that religious institutions and clergy may owe a fiduciary duty to attendees. That includes a duty to adult parishioners as well as minors. A fiduciary duty can arise from personal, moral, or social relations, and liability is not solely dependent on an agreement or contractual relationship. For example, the Florida Supreme Court has held that churches that promote their clergy as qualified marriage counselors owe a fiduciary duty to “counselees” – even if most parishioners don’t actually receive direct counseling from the clergy.

Churches can be liable for sexual misconduct involving clergy and adult parishioners when this fiduciary duty is violated.

The Florida Supreme Court majority opinion wrote in the 2002 case of Malicki, et al v. Doe, “The First Amendment cannot be used at the initial pleading stage to shut the courthouse door to a plaintiff’s claims, which are founded on a religious institution’s alleged negligence arising from the institution’s failure to prevent harm resulting from one of its clergy who sexually assaults and batters a minor or adult parishioner.” A ruling to the contrary, the justices reasoned, would immunize church defendants in such a way that it would place religious institutions in a preferred position over secular institutions – something that would be “both foreign and hostile” to the 1st Amendment. Continue reading

Hyatt Hotel Faces Florida Sexual Assault Lawsuit After Bahamas Resort Attack

April 23, 2022 | by David J. Halberg, Esq.

The Hyatt Hotel corporation is facing a federal lawsuit in Florida for the alleged sexual assault of a minor at one of its resorts in the Bahamas.

As our West Palm Beach sexual assault attorneys can explain, thousands of people are attacked at hotels, motels, casinos, and resorts in the U.S. every year. Survivors of sexual violence have the right to pursue justice in criminal courts, but they can also file claims for monetary damages in civil court. Civil claims aren’t always (or even mostly) filed against the attacker. More often than not, Florida civil sexual assault claims target businesses or organizations that failed in their duty to protect the victim. Hotel sexual assault South Florida

This case against the Hyatt isn’t even all that unique. Our legal team is aware of a similar civil claim filed against the same hotel chain in an Illinois federal court following a sexual assault in Turkey. The hotel tried to get that claim tossed, arguing Illinois was an inconvenient forum to resolve the matter. However, the trial and appellate courts declined requests to remove the claim for jurisdictional reasons, and the matter proceeded.

In the more recent matter, V.H. v. Hyatt Hotels Corporation, filed in the U.S. District Court for the Southern District of Florida, Miami Division, the plaintiff is the father of a minor who was staying at the hotel as a guest with her family. According to court records, the victim briefly left her hotel room in the early morning hours to call a friend. She left barefoot, fully anticipating returning to her room within a few minutes. However, she was approached by a 58-year-old Bahamian local, who struck up a conversation and then lured her to a closed poolside cabana. There, according to the complaint, he overpowered and raped her.

By this time, her father had already gone looking for his daughter. He was able to locate her using the pinpoint technology on her cell phone. He entered the cabana to find the sexual assault in progress. The father ripped the attacker off his daughter, who was disheveled, curled up on the ground, and crying. The rape was immediately reported to authorities, and the attacker was arrested and charged with statutory rape. He is awaiting trial in the Bahamas, set for May.

According to the civil complaint, the attacker should never have been at the resort at that hour to begin with. The rape occurred at a time when restaurants and bars were closed. The casinos were still open, but the attacker, under Bahamian law, was not allowed to gamble. Further, he was also known to be a small-time drug dealer. There was no legitimate reason, the plaintiff argued, for the assailant to be on the property when he was.

Plaintiffs allege the assailant was likely there for the purpose of targeting a young victim. The hotel chain knew or should have known he may have nefarious motives, plaintiffs allege. The company advertises itself to families as a purveyor of fun, safe family vacations. And yet, when this incident occurred, there were no security personnel present to prevent or intervene in the rape of a minor on its property. Plaintiffs allege the hotel chain failed to take both reasonable and necessary precautions to protect guests, causing this child to suffer an event that was painful, traumatizing, and permanently life-altering. 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

Study: 1 in 4 College Athletes Experience Sexual Assault By Authority

September 12, 2021 | by David J. Halberg, Esq.

Ongoing testimony of sickening abuse of U.S. Olympic gymnasts by an organization doctor has led to demands for significant change in sports organizations. Collegiate-level sports organizations should take heed, especially as a new study by the non-profit Lauren’s Kids revealed 1 in 4 current and former college athletes surveyed reported experiencing sexual assault or sexual harassment by someone on campus who was in a position of power. That is compared to 1 in 10 in the general student population. Palm Beach sexual abuse attorney

In other words, college athletes were 2.5 times more likely to encounter sexual abuse than their peers.

Coaches, it was indicated, were the most commonly-identified group of abusers.

USA Today reported this fact with a number of anecdotes from high-profile cases in recent years. Among those: Continue reading

Uber Accused of Failing to Protect Riders From Sexual Assault

December 28, 2020 | by David J. Halberg, Esq.

A judge in California recently fined rideshare giant Uber nearly $60 million and threatened to suspend its license to operate in the state if the company refuses to pay the penalty and respond within 30 days to questions regarding the company’s records on sexual assaults. South Florida sexual assault lawyer

As our South Florida civil trial sexual assault lawyers know, a safety report released by the company last year revealed some 6,000 sexual assaults that were reported to Uber in connection with rides between 2017 and 2019.

As a public service provider, Uber and other ridesharing companies undoubtedly have some responsibility to keep customers safe. The extent of this responsibility, though, is part of what is being litigated in hundreds of sexual abuse lawsuits across the country. 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