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Sexual Assault FAQs
Compassionate Team of Miami Lawyers Pursuing Justice on Behalf of Survivors of Sexual Violence
Sexual assault survivors often face trauma, confusion, and difficult questions about what to do next. Whether you're considering a civil lawsuit, seeking support, or unsure about your rights, it's important to know that help is available. At Friedman Rodman Frank & Estrada, our team of Miami sexual assault lawyers are committed to helping survivors seek justice through the civil legal system. Below are answers to some of the most common questions we hear from individuals affected by sexual assault.
What Is Considered Sexual Assault?
Sexual assault is any unwanted sexual contact or activity that occurs without consent. This can include forced touching, groping, attempted rape, or rape. It can happen between strangers, acquaintances, coworkers, or even within existing relationships. In civil law, sexual assault also includes behavior that causes emotional distress or bodily harm related to non-consensual sexual conduct.
Can I File a Civil Claim for Sexual Assault?
Yes. A civil claim allows you to seek financial compensation from the individual who assaulted you or from an institution that may have allowed the abuse to happen. This is separate from criminal charges brought by the state. A civil claim can be filed whether or not the person was criminally prosecuted or convicted. Our Miami sexual assault lawyers can help you determine if you have a strong civil case.
Who Can Be Held Liable?
In addition to the individual who committed the assault, certain organizations or entities may also be held responsible if they failed to take reasonable steps to prevent the harm. This might include schools, hotels, landlords, employers, rideshare companies, or property owners. If a business knew or should have known about risks and failed to act, you can be able to pursue a claim against them.
What Types of Compensation Can I Recover?
Compensation in sexual assault cases often includes money for medical care, therapy, lost wages, and past and future emotional suffering. If your case involves long-term effects such as PTSD, anxiety, or loss of enjoyment of life, those damages will also be considered. In some cases, punitive damages may apply to punish especially reckless or harmful behavior. Our team of Miami sexual assault lawyers can evaluate your situation and explain what types of damages might apply and be requested in your case.
Is There a Time Limit to File a Sexual Assault Lawsuit?
Yes. Florida law does impose time limits, known as statutes of limitations, which vary depending on the nature of the case. These deadlines can be affected by factors such as the age of the survivor at the time of the assault and whether the survivor recently discovered the harm. Even if you think the deadline may have passed, it’s worth speaking with an attorney. Some exceptions may extend the time available to file.
Will My Case Be Public?
Most civil cases are part of the public court record, but there are steps your lawyer can take to protect your privacy. In some cases, courts may allow filings to proceed under initials or pseudonyms. Sensitive information can be redacted, and attorneys can request confidentiality protections when appropriate. Our Miami sexual assault lawyers can help you understand your options and ensure your personal dignity is respected throughout the entire legal process.
Do I Have to Go to Trial?
Not necessarily. Many sexual assault civil cases are resolved through settlement negotiations without going to trial. However, if the responsible party refuses to offer a fair settlement, taking the case to court may become necessary. A trial allows your attorney to present evidence and hold the wrongdoer accountable before a jury, but it is always your decision whether to proceed to trial or resolve the matter out of court.
What If I Was Assaulted Years Ago?
Even if the assault happened many years ago, you may still be able to take legal action. This is especially true if new evidence has come to light or if the psychological effects of the assault have recently emerged. There are legal mechanisms that allow for delayed claims in some cases. An attorney can review the specific facts and advise you whether your case still qualifies to be brought under Florida law.
Will Filing a Lawsuit Help Me Heal?
Every survivor’s healing process is different. While a civil lawsuit cannot undo what happened, it can provide a sense of accountability, financial relief, and validation. Holding the perpetrator or a negligent institution responsible may also help prevent future harm to others. For many people, pursuing justice through the legal system is a step toward reclaiming control and moving forward. If you or someone you care about has been affected by sexual assault, know that you are not alone. The team at Friedman Rodman Frank & Estrada is here to provide guidance, support, and strong representation. Call us today at 877-448-8585 to speak confidentially with a Miami sexual assault lawyer. Your rights matter, and we’re here to help you assert them. We are not paid unless and until a financial recovery is secured for you.
