Articles Posted in Sexual Assault

The purpose of this article is not to give you a sugar buzz kill, but rather to give a brief overview of the possible personal injury and accident cases which could arise on Halloween. We want you and your children to be safe, just as we want to protect our own children.

As a child, I remember trick or treating for hours, year after year. As a candy lover, this was my favorite holiday. It is one, however, which I now realize after having handled more than 4,500 personal injury and accident cases, that comes with many risks.

1. Your neighbor may want to molest your child. Ok this sounds extreme, but there are registered child molesters in many local neighborhoods. Check your local, state or national registry before knocking on their door. The national registry is Also, just be aware that the registry only lists those sexual predators who were caught and convicted. According to a U.S. Department of Justice’s National Crime Victimization Survey, an estimated 200,000+ people are sexually assaulted every year, or one every 2 minutes. Every year, I represent many victims of child molestation and investigate the cause or contributing factors which could have prevented the assaults.

BillofRights.jpgMolestation Victims May Pursue Civil Claims
As the smoke starts to clear on the Penn State-Sandusky molestation claims, Syracuse University molestation accusations, and other recent child molestation claims, one major victory for me as a crime victim’s rights advocate is that the public is seemingly more aware that victims have rights to pursue civil claims as crime victims.

Florida has a comprehensive crime victim’s rights law. The law ranges from the rights in criminal proceedings, to victim’s compensation, to Florida’s Constitution, to civil claims for crime victims.

What types of compensation can a crime victim recover in Florida?

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When someone is sexually assaulted in Florida, there are three main areas of relief for the victim: Restitution through the criminal case; Florida’s Crime Victim Compensation Fund; and a Crime Victim Civil Claim.

The criminal case focuses on the criminal and punishing the person for committing a crime against the state of Florida. The Compensation Fund focuses on provided some financial assistance to the victim to help pay for counseling expenses and other costs. The civil claim focuses on the crime itself.

In a civil claim for a sexual assault victim, we focus on the crime to see whether it could have been prevented or if it was foreseeable. If for example a woman uses an ATM and is robbed or raped while on the bank’s property, the bank may be held liable under Florida law if they could have prevented the attack. Bank ATM rapes in Florida may be preventable if the bank fails to follow certain statutory guidelines.

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