Justice Demands Diligence

Why would I consider a civil suit after a sexual assault?

On Behalf of | May 25, 2022 | Uncategorized

A sexual assault is one of the most traumatic things that can happen to a person.

Even if they suffer no permanent physical injuries, the emotional scars from this trauma can haunt a person for the rest of their life.

In addition to the emotional pain itself, there is also the additional cost of therapy and other support following a sexual assault.

Even so, a victim may not think to file a Florida civil lawsuit after a sexual assault, particularly if police have already arrested the perpetrator.  The publicity of it, as well as the time, cost and emotional stress of going to court, just might not seem worth it.

However, it is important to remember that for any number of reasons, a perpetrator could avoid a guilty verdict in a criminal case. Making a perpetrator pay compensation after a successful civil suit may be the only way to hold the perpetrator accountable.

Moreover, even after a conviction, the criminal justice system is not designed to get full compensation to the victim as much as it is to punish the perpetrator.

On a related point, a victim in the greater Melbourne area may find that the perpetrator has no money and no prospect of making an income while spending months or even years in jail.

Others may be liable to pay compensation after a sexual assault

A civil lawsuit also allows the victim to hold all those responsible for the sexual assault accountable for their negligent or willful actions.

For example, the perpetrator’s employer may be liable if the perpetrator committed the assault while on the job or at a work-related function.

Employers are expected to do some investigation into the backgrounds of those they hire, even if they hire a person as an independent contractor. They also must monitor workers and put proper procedures in place to prevent sexual misconduct.

Likewise, the owner or caretaker of the business where an assault happened may have liability, since businesses do have an obligation to use reasonable security measures to protect those on the premises.