Sexual assault is a serious crime against a person that has rippling effects. It can destroy the life of the victim as well as emotionally scar their spouse, children, and other family members. In addition to the criminal prosecution of the assailant, the victim has other remedies, such as a civil legal suit against their attacker and potentially against other individuals whose negligence permitted the horrible incident to occur. Prosper Shaked is a Miami, Florida attorney who will compassionately represent victims of sexual abuse.
If you or a loved one was the victim of sexual assault, contact Prosper Shaked Accident Injury Attorneys PA to have your case discreetly and respectfully handled. 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 2018. Miami’s police department and district attorney’s office works 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 establishes prove beyond a reasonable doubt. Miami attorney Prosper Shaked works with victims of sexual assault to pursue their other legal remedies, demanding compensation from the defendant, and hopefully, providing some emotional closure.
Liability for Sexual Assault Committed in Miami, Florida
If you have been sexually assaulted, you can also pursue civil legal remedies along with a criminal prosecution. Generally, in a criminal case, your assailant is prosecuted. However, in a civil case, liability and responsibility for your physical and emotional harm may be shared among several parties.
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 at all. While conviction of a crime is not necessary to prevail in a civil case, any guilty verdict can help when establishing 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. If your attacker lacks the financial means or sufficient assets, collecting the awarded damages may be difficult.
However, liability 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. 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 took place 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 a too 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. At Prosper Shaked Accident Injury Attorneys PA, we will carefully examine all details of your case and file suit against all potential parties.
As stated above, 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. It is likely that your spouse is 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 level of emotional distress your spouse is suffering.
Types of Damages for Sexual Assault Injuries
To be successful in a civil liability claim, you have to prove actual damages. These damages can be either economic or noneconomic. Economic damages are generally straightforward in their calculation, including loss of income, medical expenses, and the cost of any necessary and ongoing therapy. Noneconomic damages can be more nebulous, such as emotional distress, pain and suffering, loss of consortium, and psychological damage. We will work with you, along with medical and psychological experts, to help calculate the compensation you deserve.
Call Our Miami, FL 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, Florida 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. To schedule a free, confidential consultation with a sympathetic lawyer, call our offices today at (305) 694-2676.