South Florida sexual abuse lawyer

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

Justice for Florida Sexual Assault in Health Care Settings

December 15, 2022 | by David J. Halberg, Esq.

Patients should have every confidence when they see a doctor, dentist, surgeon, or other health care provider that they’ll be treated with professionalism, respect, and dignity. If a patient is sexually assaulted by a healthcare provider, it’s more than a violation of one’s body, the provider’s professional ethics, or even the law. It’s a major breach of the significant trust central to the patient-provider relationship. Florida sexual assault lawyer

It is important for victimized patients to understand: It is NOT your fault. Even in cases where some degree of attraction may be mutual, the power imbalance between patients and providers puts the onus firmly on the health care provider to draw clear personal boundaries. If those lines are crossed, the provider may be held to account by their employer, professional licensing board, and (where applicable) criminal prosecutors. Impacted patients can also seek accountability through the civil court system. There may be potential claims made directly against the provider as well as their employer and/or the facility where the assault or abuse occurred.

As longtime advocates for Florida victims of sexual assault, our West Palm Beach sexual abuse lawyers provide survivors with insight on their legal options. It’s worth noting that civil cases can be pursued regardless of whether the state or federal government decides to pursue criminal charges.

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

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

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