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Definition:

Sexual harassment in Florida is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This conduct is considered harassment when:

• Submission to such conduct is made a term or condition of employment.

• Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual.

• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

Types:

Sexual harassment typically falls into two categories:

1. Hostile Work Environment: This involves conduct that creates an intimidating, hostile, or offensive work environment. Examples include inappropriate jokes, touching, or online activity directed at another person.

2. Quid Pro Quo: This involves requests for sexual favors in exchange for job benefits such as promotions, raises, or continued employment.

Reporting and Legal Actions

Victims of sexual harassment in Florida can report the conduct to their employer. If the employer fails to address the issue, the individual can file a complaint with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). The statute of limitations for filing a claim is 365 days with the FCHR and 300 days with the EEOC.

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Definition:

Sexual assault, including non-consensual touching and other physical acts of a sexual nature, can be subject to criminal penalties under Florida's battery statute. This includes acts such as rape and sexual battery.

Criminal Implications

Certain behaviors that constitute sexual harassment may also be criminal offenses. For instance:

• Non-Consensual Touching: Can be prosecuted under Florida’s battery statute.

• Verbal Harassment: Can be considered assault if it includes credible threats of violence.

• Non-Verbal Harassment: Actions like stalking, displaying graphic material, or exposing private body parts can be criminal offenses under Florida's laws against stalking and obscenity.

Individuals who commit sexual harassment that rises to the level of a criminal offense can face jail time, depending on the severity of the offense and their criminal history.

Legal Protections

Both state and federal laws protect individuals from sexual harassment and assault. The Florida Civil Rights Act and Title VII of the Civil Rights Act of 1964 prohibit such conduct in the workplace. Employers are required to take steps to prevent and address sexual harassment, and they can be held liable if they fail to do so.

If you believe you have been a victim of sexual harassment or assault, it is advisable to consult with an attorney who can guide you through the legal process and help you understand your rights and options.

We can work to prevent indictment by presenting evidence that challenges the accusations. This may include psychological evaluations, polygraph results, character references, or proof of past false accusations by the alleged victim.

Common approaches include establishing an alibi, demonstrating mistaken identity, or showing psychological factors that impaired the accused's understanding of their actions. DNA testing can also be crucial in proving innocence.

In some cases, the accused may acknowledge the sexual act occurred but argue it should not be considered criminal. This could involve proving consent or lack of force or duress. It's important to note that an affirmative defense does not admit guilt, but rather explains why the act may not constitute a crime under Florida law.

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After experiencing a sexual assault in Florida, your safety should be the top priority. Once you're in a secure location, take these important steps:

1. Seek medical attention immediately. Many healthcare facilities in Florida have staff trained to collect evidence from sexual assault victims. Even if you're unsure about pressing charges, allowing evidence collection preserves your options.
2. Report the attack. While it may be difficult, sharing what happened can be helpful. If you're not ready to speak with law enforcement, you can contact the National Sexual Assault Hotline at 800.656.HOPE (4673) for anonymous support and guidance.
3. Preserve evidence. Keep the clothes you were wearing during the assault and any other potential evidence, even if you don't immediately report the crime or seek medical care.
4. Consider legal support. When you're ready to hold your abuser accountable, Furdock Law can assist with your civil claim. A police report isn't required to pursue a civil lawsuit, but law enforcement involvement often strengthens cases.

At Furdock Law, we specialize in supporting sexual assault survivors in Florida. We're committed to helping you reclaim your voice and strength through compassionate, expert legal representation. Our team understands the sensitive nature of these cases and will work tirelessly to protect your rights and pursue justice on your behalf.

There are two distinct systems: criminal and civil. In the criminal system, prosecutors determine whether to charge an individual with a sex crime. If convicted, the perpetrator may face imprisonment and other criminal penalties.

The civil system, however, allows survivors to pursue financial compensation from their abusers. This can include damages for medical expenses, lost wages, emotional distress, and other assault-related costs. A criminal conviction can strengthen a civil case, but it's not necessary to seek civil damages.

Our Florida sexual assault attorneys at Furdock Law can guide you through the civil lawsuit process against your abuser, ensuring you fully comprehend your legal rights. We specialize in your specific needs, providing the legal support necessary for sexual harassment and assault cases. Our approach is always transparent and honest regarding case expectations.

In Florida, the statute of limitations for sexual assault claims has recently been updated. As of July 1, 2020, there is no time limit for minors under 18 to file a lawsuit, thanks to Donna's Law. For adults, the timeframe to file a lawsuit is generally within seven years of the incident or within two years of connecting the injury to the abuse.

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While you may not feel ready to take legal action immediately, it's crucial to be aware of your rights and the time limits for filing a civil lawsuit in Florida.The statute of limitations for sexual assault cases in Florida is as follows:

• Victims have 7 years from their 18th birthday to file a lawsuit
• Victims have 4 years from discovering a connection between an injury and the abuse to take action
• Victims have 4 years from ceasing dependence on their abuser to file a claim
• There is no statute of limitations for cases involving victims under 18 years old

In 2020, Florida enacted "Donna's Law," which eliminated the statute of limitations for sexual crimes against children under 18, applying to offenses committed on or after July 1, 2020.

While these laws can be complex, Furdock Law specializes in sexual harassment and assault cases in Florida. We're here to help you understand your options and pursue justice. Our experienced attorneys will guide you through the legal process with compassion and dedication to your specific needs.

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Even if your attacker was not convicted in criminal court, you may still have options for pursuing justice through a civil claim in Florida. The civil legal system operates independently from criminal proceedings, allowing victims to seek compensation and accountability even when criminal charges do not result in a conviction.

In civil cases, the burden of proof is lower than in criminal trials. While criminal convictions require proof "beyond a reasonable doubt," civil claims are decided based on a "preponderance of evidence." This means that if the evidence shows it is more likely than not that the defendant is responsible, they can be held liable. This lower standard often gives victims a better chance at obtaining a favorable outcome.

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At Furdock Law, we understand the devastating impact of child sexual abuse on families in Florida. As parents ourselves, we empathize with the anger, helplessness, and guilt you may be experiencing upon learning your child has been victimized, especially by someone you trusted. Our experienced Florida sexual assault attorneys are here to provide compassionate support and aggressive legal representation for victims of childhood sexual abuse.

We have successfully handled numerous cases involving the sexual abuse of minors throughout Florida. While we cannot undo the trauma your child has endured, we can fight tirelessly to secure justice and compensation to help ensure the best possible future for your child.

Our firm is prepared to pursue claims against various parties who may be liable, including:

• School employees, administrators, volunteers, and districts
• Foster parents and child protective services
• Religious organizations and clergy
• Sports coaches and youth organizations
• Daycare centers and staff
• Other minors or students
• Mandated reporters who failed to protect your child

If your child has been sexually abused in Florida, we encourage you to contact Furdock Law promptly to discuss your legal options. We specialize in advocating for sexual assault victims and can provide the dedicated legal support you need during this difficult time. Call us at (305) 484-9454 or email info@furdocklaw.com to schedule a confidential consultation.

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Sexual assault lawsuits serve several important purposes. They provide survivors with a means to achieve closure by holding their assailants accountable for their actions. Additionally, these lawsuits help prevent the perpetrator from inflicting harm on others in the future. Furthermore, they assist survivors in covering the medical expenses—both mental and physical—that they are entitled to receive.

In Florida, sexual assault is recognized as both a criminal act and a civil offense, allowing victims to file lawsuits for damages even if criminal proceedings are ongoing. Survivors have the right to pursue legal action against their attackers, as well as any third parties whose negligence may have contributed to the assault. Such cases often hinge on the concept of negligence, asserting that the assault could have been prevented had the responsible parties acted reasonably.

Property owners in Florida are obligated to ensure a safe environment for guests. Under premises liability laws, victims can hold property owners accountable for inadequate security measures that fail to prevent foreseeable criminal activity. Reasonable security may include:

• Employing security personnel
• Installing surveillance cameras
• Erecting fences and gates
• Ensuring all locks function properly
• Providing sufficient lighting in areas like parking lots and hallways

Neglecting these safety measures may be deemed negligent, potentially making the property owner liable for the assault and eligible for financial compensation.

In sexual assault cases, various individuals may be held responsible for the attack. Understanding the statute of limitations is also crucial. In Florida, victims generally have four years from the date of the assault to file a civil lawsuit. However, due to recent legal changes, there is now a two-year limit for tort claims. For assaults occurring before March 24, 2023, the four-year statute applies.

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Sexual assault is a serious crime that can have devastating consequences for victims. In Florida, survivors of sexual assault may have legal options to seek justice and compensation through civil lawsuits, even if the perpetrator cannot be identified or prosecuted criminally.

Potential defendants in Florida sexual assault civil cases may include:

• Property owners (hotels, apartment complexes, etc.)
• Security companies
• Educational institutions
• Manufacturers of security devices
• Employers who failed to properly screen or supervise staff

We offer free, confidential consultations to help survivors understand their legal rights and options under Florida law. Our team will carefully evaluate the details of your case to determine if you have grounds for a civil claim. We'll provide honest guidance on the strength of your case and potential next steps.Furdock Law specializes in advocating for sexual assault survivors throughout Florida. We have the expertise to handle these complex, sensitive cases with the care and dedication they require. Our goal is to help you seek justice and compensation while protecting your privacy and wellbeing.

While the state handles criminal proceedings against offenders, victims often require legal representation to pursue civil claims for compensation.

Our experienced attorneys specialize in supporting sexual assault survivors through both criminal and civil processes.

We provide comprehensive legal assistance to help Florida sexual assault victims recover damages related to their trauma. Our team offers compassionate support and connects clients with appropriate resources for physical and emotional healing.

Furdock Law has extensive experience handling a wide range of sexual assault cases in Florida, including:

• Assaults on school and college campuses
• Workplace sexual harassment and assault
• Abuse in youth and religious organizations
• Assaults by rideshare drivers
• Teacher-student abuse
• Familial sexual abuse
• Adult survivors of childhood abuse

We recognize the courage it takes to come forward about sexual assault. Our attorneys are dedicated to empowering survivors to reclaim their lives through the legal process. We offer confidential, judgment-free consultations to discuss your case and legal options.

For compassionate, specialized legal support for sexual assault cases in Florida, contact Furdock Law at (305) 484-9454 or info@ferdocklaw.com. Let us put our expertise to work advocating for your rights and pursuing the compensation you deserve.