As a sexual assault survivor, you need someone on your side who will fight for the justice you deserve. At Prosper Shaked Accident Injury Attorneys, we know that justice looks different for everyone. After a sexual assault, the criminal justice system doesn’t always put victims first. Your attacker may never have been caught or even arrested, which may leave you feeling helpless and powerless. However, a civil claim can often provide you with the closure, justice, and financial compensation you seek, and our law firm can help you every step of the way.
Sexual assault is a serious crime that has rippling effects. It can destroy your life and emotionally scar your spouse, partner, children, and other family members. Attorney Prosper Shaked wants to help you through this difficult time. He will listen to you and your story in a free consultation to better offer legal advice and guidance. From the moment you contact our law firm, you are not alone. You can rest easier knowing you have a team of experienced and compassionate Miami sexual assault attorneys handling your case discreetly and respectfully.
To schedule a free, confidential consultation with a compassionate lawyer, call our offices today at (305) 694-2676.
Sexual Assault in Miami
According to the Florida Department of Law Enforcement, there were approximately 8,000 reported cases of sexual assault and rape in Florida in one recent year. Miami’s police department and district attorney’s office work diligently to prosecute and convict defendants in sexual assault cases. However, it is possible that a defendant in a sexual assault case escapes conviction due to inadequate police work or if the prosecutor fails to establish proof beyond a reasonable doubt. When this happens, what can you do?
Miami attorney Prosper Shaked works with victims of sexual assault to pursue their other legal remedies, demanding compensation from your attacker and, hopefully, providing some emotional closure.
Liability for Sexual Assault Committed in Miami
If you are a survivor of sexual assault, you don’t have to wait for your attacker to go to jail or face criminal prosecution. You can pursue civil legal remedies at any time, regardless of how the criminal case goes.
Holding Your Attacker Responsible for Your Sexual Assault
The most obvious person liable for your injuries and emotional distress is your assailant. You can file a civil claim against your attacker whether they were charged, convicted, acquitted, or never charged. While conviction of a crime is not necessary to prevail in a civil case, any guilty verdict can help establish personal liability. The burden of proof in a civil case is substantially less than in a criminal matter, so even if a Miami prosecutor failed to obtain a guilty verdict, your civil claim could still be successful.
While winning a civil case against your assailant may be an emotional lift, there is a difference between being awarded compensation for your injuries and the actual ability to collect any monetary damages. Unfortunately, collecting the awarded damages may be difficult if your attacker lacks the financial means or sufficient assets.
Who Else Can Be Held Responsible for Your Sexual Assault Injuries?
However, liability in a sexual assault case is not necessarily limited to your attacker. In many instances, third parties may be liable for contributing to a situation that either increased your risk or allowed the attack to occur.
For example, if the darkness of an unlit stairwell provided cover for the sexual assault, the building owner or property could be held liable for failing to maintain a well-lit and safe environment. Similarly, if the incident occurred in an apartment with defective locks on the doors and windows, a landlord could be held responsible for not providing a reasonably safe property.
Sexual assault in the workplace is also a common occurrence. Your employer may be held responsible if your assailant was a co-worker or visitor to the office. For example, if your employer failed to conduct appropriate background checks or ignored previous complaints against your attacker, they may share liability for your injuries.
Depending on where your sexual assault occurred, the following parties may be responsible:
- Landlords
- Business owners
- Bars and nightclubs
- Property owners
- Colleges and universities
- Hotels
- Schools, athletic clubs, and youth organizations
- Hospitals and nursing homes
- Cruise ships
- Your employer
- Government entities
At Prosper Shaked Accident Injury Attorneys PA, we will carefully examine all details of your case and file suit against all potential parties. New premises liability laws in Florida may affect who you can hold accountable after suffering a sexual assault, and these laws are constantly changing. As such, it is important to speak to an experienced Miami sexual assault lawyer at our law firm to review all your legal options.
We also know that sexual assault affects more than the victim. Your spouse, children, and family all suffer emotional harm when you are harmed in such a violent manner. Your spouse is likely overcome with anger, resentment, and fear that will adversely affect your relationship and intimacy. Depending on the severity of the emotional anguish, it may be possible to file a civil claim on behalf of your spouse as well. Our Miami attorney will work with psychological experts to establish the emotional distress your spouse or partner suffered because of your sexual assault.
Types of Damages for Sexual Assault Injuries
To be successful in a sexual assault claim, you have to prove actual damages. These damages can be either economic or non-economic and include:
- Past and future medical expenses
- Lost wages and income
- Reduced earning potential
- Physical therapy and rehab
- Psychological counseling
- Medications
- Diminished quality of life
- Damage to your relationships
- PTSD and emotional distress
- Loss of consortium
We will work with you, along with medical and psychological experts, to help calculate the compensation you deserve. This includes gathering receipts, records, and expert testimony to prove your case and help you obtain maximum compensation. In some cases, we can even seek punitive damages. These damages are meant to punish your attacker for their actions.
Types of Sexual Assault in Miami
Many people believe that sexual assault is limited to rape. While rape is one form of sexual assault, in reality, sexual assault can range and includes any unwanted physical contact. Some of the types of sexual assault situations in Miami include:
- Unwanted physical touching
- Being forced to touch another person’s private areas
- Being blackmailed or coerced into sexual contact or intercourse
- Flashing
- Voyeurism
- Date rape
- Forced to watch pornographic materials
- Penetration or unwanted physical contact while you are incapacitated or unconscious
- ANY sexual contact with a minor
How Can a Sexual Assault Lawyer Help?
After a sexual assault, you may just want to move on with your life. You might not want to think about what happened, much less relive the experience in court. We understand that. That’s why we take the time to discuss your case with you and learn what justice feels like to you. You don’t have to go to court or even file a lawsuit if that’s not what you’re interested in. But you do deserve to experience closure, and a sexual assault lawyer can help you do that.
When you call our Miami personal injury law firm, we will explain your rights, the legal options available, and the potential legal processes involved. Our compassionate sexual assault lawyer will offer support, empathy, and understanding throughout the legal proceedings. They can create a safe and supportive environment to share your experiences and concerns.
Our Miami sexual assault lawyers are well-connected within the legal community and can provide referrals to other professionals supporting your recovery, such as therapists, counselors, or victim advocates. We can also provide information on support services and resources available in the community.
If you decide to file a sexual assault lawsuit against your attacker, our attorneys will go to work collecting and preserving evidence related to the assault. This may involve gathering medical records, witness statements, photographs, surveillance footage, or other relevant evidence to help build a strong case. We will file necessary legal documents, communicate with law enforcement, negotiate with opposing parties, and represent the victim in court proceedings.
Call Our Miami Attorney For Sexual Assault Victims for a Free Consultation
If you or a loved one was sexually assaulted, contact Prosper Shaked Accident Injury Attorneys PA. Prosper Shaked is a Miami attorney who will compassionately and confidentially listen to you. He understands the emotional trauma associated with sexual assault and will treat you, and your case, with care and respect.
You are not alone, and Florida law offers ways to seek justice and collect the compensation you deserve. To schedule a free, confidential consultation with a sympathetic lawyer, call our offices today at (305) 694-2676. We are here to listen to your story and give you the support you need to find justice.