Surviving sexual assault is one of the most traumatic experiences a person can endure. The path to justice can feel overwhelming, particularly when survivors are left to deal with not just the criminal justice system but also the complexities of civil litigation to seek financial compensation for the harm they have suffered.
At Amanda Demanda Injury Lawyers, our Jacksonville personal injury attorneys understand the immense emotional and legal challenges sexual assault survivors face. Our sexual assault law firm in Jacksonville provides strong legal support, aggressive advocacy, and compassionate guidance to help survivors pursue justice and financial compensation.
What Constitutes a Sexual Assault in Jacksonville, FL?
In Florida, sexual assault is broadly defined to include any non-consensual sexual contact or behavior, and it covers a range of unlawful acts, from unwanted touching to rape. Under Florida Statutes § 794.011, sexual battery is the legal term used for what’s commonly referred to as rape and includes oral, anal, or vaginal penetration by, or union with, the sexual organ of another without consent.
Importantly, consent must be freely given and cannot be obtained through coercion, intimidation, threats, or when a person is incapacitated. Sexual assault can occur between strangers, acquaintances, co-workers, healthcare providers and patients, employees and employers, or even in trusted institutional settings such as schools, churches, hospitals, or residential facilities.
What Is Vicarious Liability in Sexual Assault Civil Claims?
In many cases, under the legal doctrine of vicarious liability, survivors may be able to hold third parties accountable if their negligence contributed to the assault. Examples where vicarious liability may apply include:
- Employer Responsibility: If a company negligently hired, failed to supervise, or ignored warning signs about an employee who then sexually assaulted someone in the course of employment, the employer can be held liable.
- Property Owners and Businesses: If a business, apartment complex, hotel, or nightclub failed to provide adequate security measures (such as lighting, locks, or security personnel), and this negligence contributed to the assault, the property owner may be liable.
- Educational and Religious Institutions: Schools, universities, and religious organizations that negligently failed to protect students, congregants, or staff from known risks may face vicarious liability for sexual assaults committed within their institutions.
Statute of Limitations for Sexual Assault Lawsuits in Jacksonville
Florida law recognizes the unique and sensitive nature of sexual assault trauma, and accordingly, it provides a relatively generous window for survivors to file civil lawsuits.
- Civil Claims Against the Perpetrator: In many cases, survivors have four years from the date of the assault to file a civil lawsuit for personal injuries (Florida Statutes § 95.11).
- Civil Claims for Child Victims: If the assault occurred when the victim was a minor, Florida law allows the survivor to file a lawsuit at any time before their age of majority plus seven years, or until age 25, whichever is later.
- Delayed Discovery Rule: In some situations where the survivor did not immediately discover the injury or link it to the assault (such as cases involving repressed memories or institutional cover-ups), the statute of limitations may be extended.
- Criminal Conviction Exception: If the perpetrator was convicted of a sexual crime against the survivor, the time limits for filing a civil suit may also be extended.
Steps Our Jacksonville Sexual Abuse Attorneys Take to Recover Maximum Financial Compensation for You
At Amanda Demanda Injury Lawyers, here’s how we support our clients:
- Confidential and Compassionate Initial Consultation: We listen carefully, without judgment, to understand your experiences and determine the best legal options for you in a confidential, supportive environment.
- Immediate Investigation and Evidence Preservation: Our team acts swiftly to gather critical evidence, such as surveillance footage, internal reports, witness statements, security logs, and prior complaints against the perpetrator or negligent institution.
- Filing Claims Against All Responsible Parties: We evaluate all potential defendants—individual and institutional—to maximize the sources of recovery. This includes pursuing vicarious liability claims where appropriate.
- Expert Witness Coordination: We work with medical experts, psychological experts, security consultants, and institutional practices experts to build a compelling case that fully accounts for the physical, emotional, and financial harm you have suffered.
- Negotiation and Litigation Readiness: Many civil sexual assault claims are settled out of court. However, we prepare every case as if it will go to trial, which strengthens our negotiating position and ensures we’re ready to litigate aggressively if necessary.
- Full-Scope Damage Recovery: We seek damages for medical expenses, therapy costs, lost wages, loss of earning capacity, pain and suffering, emotional distress, and in some cases, punitive damages to punish egregious misconduct.
- Survivor-Centric Approach: Throughout the legal process, we prioritize the survivor’s emotional well-being, offering referrals to counseling resources and ensuring that the client remains in control of major case decisions.
Amanda Demanda Injury Lawyers provides dedicated legal help for sexual assault victims in Jacksonville, FL. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
