Raising children while working is a common issue for many parents in Miami and across the United States. Many parents will entrust their children to babysitters or childcare programs that they believe have their child’s best interests at heart. Unfortunately, some childcare workers may attempt to take advantage of a child that is left in their care. If your child was a victim of molestation by their babysitter, you should consult with an experienced Miami attorney for victims of molestation.
Prosper Shaked Accident Injury Attorneys PA recognize how the molestation of a child can shake a family, and we are here for you in your time of need. To schedule a free legal consultation to discuss your legal situation, contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676. The firm can also be contacted online.
Florida Molestation Laws
Florida has various laws concerning the molestation or sexual abuse of children. These laws set out the actions that will trigger criminal liability against a person for the molestation of a child. If you believe that a babysitter committed any of the following actions against your child or another child, you should contact law enforcement immediately and file a report against the babysitter.
Lewd or Lascivious Molestation
According to the laws of the state, a person commits lewd or lascivious molestation if they intentionally touch a person’s genitals, breasts, buttocks, or other intimate areas. Alternatively, if an abuser forces a victim to intentionally touch their genitals or intimate areas, the abuser has still committed molestation. It is immaterial whether the victim was fully clothed when the unwanted contact took place.
The most vital factor of a molestation claim is the age of the victim and the criminal committing the act. In Florida, molestation laws apply to victims under the age of 16. The age of the molester can affect the case in a variety of ways. For example, abusers over the age of 18 will always be subject to this law if they molest a child under the age of 16.
However, if the abuser is just under the age of 18 (e.g., 15-17) but molests a child under the age of 12, they can be prosecuted for committing lascivious molestation.
Lewd or Lascivious Battery
If an offender forces a minor to engage in sexual activity aside from touching, they would be charged with lewd or lascivious battery. This statute highlights that victims between the ages of 12 to 15 are typically the triggers for enforcement of this law.
There are other criminal offenses that may apply if a babysitter molests a child they were supposed to protect, like lascivious exhibition. If you wish to know more about pursuing a civil claim against the abuser that harmed your child, continue reading and speak with an experienced Miami sexual assault attorney today.
Filing a Molestation Lawsuit Against a Baby Sitter in Miami
If your child was a victim of a sexual abuser that was acting as their babysitter, you should consider filing a lawsuit against the babysitter. As your child will have to live with and heal from the trauma experienced due to the terrible actions of the babysitter, a civil claim and criminal litigation against the babysitter would be justified.
When filing a sexual abuse lawsuit, it is clear that a victim should file a lawsuit against the abuser directly. However, there is a possibility that other parties could also be held liable for the illicit actions of a babysitter. For example, if a babysitter operated as an employee of a company that specialized in childcare, the company may be held responsible for the actions of the babysitter.
Under the doctrine of respondeat superior, an employer could be held vicariously liable for the actions of an employee. Specifically, if an employee commits some action within the scope of their employment that leads to a lawsuit, the lawsuit could be imputed to the employer. For example, a babysitter that sexually abuses a child at a daycare program could result in the owner of the daycare being liable for their actions.
Additionally, if you are filing a sexual abuse claim against a babysitter, you should be aware of how the statute of limitations can affect your claim. The statute of limitations determines the amount of time that a plaintiff has to file a particular type of lawsuit against a defendant.
In Miami, sexual abuse lawsuits are subject to varying deadlines under the statute of limitations. For example, if a victim of sexual abuse repressed memories of the abuse until several years later, the victim would have four years from the date they remembered the abuse to file a lawsuit.
Additionally, if a victim was abused while they were under the age of 18, they will have seven years after they reach the age of majority to pursue a claim against the abuser. There are other circumstances that can affect the statute of limitations for a sexual abuse lawsuit. Our firm can help you determine when to file your case after discussing the details of your case.
Contact Our Dedicated Miami Lawyer for Victims of Molestation by a Babysitter to Discuss Your Claim
If your child was sexually abused by their babysitter, contact an experienced Miami lawyer for victims of molestation. Sexual assault lawyer Prosper Shaked is dedicated to providing you with the legal representation needed to pursue a claim against the heinous acts of a babysitter that traumatized your child. To schedule a free legal consultation, contact Prosper Shaked at (305) 694-2676.