Jacksonville Sexual Assault Lawyers

Sexual Assault Under Florida Law

In Florida, sexual assault is defined as any sexual activity where consent is not or cannot be given, such as instances of:

• Rape
• Attempted rape
• Child molestation
• Sexual harassment

Importantly, Floria law presumes that a patient is typically unable to give “free, full, and informed” consent to sexual activity with a medical provider. To this end, if you think you were groomed or coerced by a medical provider, you might have been sexually assaulted under the definition of the law.

As a survivor of sexual assault, you may be eligible to pursue damages by filing a civil lawsuit against the party that assaulted you, and potentially the party that enabled or harbored the assailant. This right extends to children, adults, and elderly people who have been sexually assaulted or abused, and, sometimes, the families of the survivor if that survivor is a minor or has mental or physical incapacitations.

Civil Sexual Assault & Criminal Sexual Assault

It's important to note that civil lawsuits are separate from criminal proceedings and can be pursued regardless of the outcome of the criminal case. Even if your sexual abuser is found not guilty in criminal court, or if they were never even charged with the crime of sexual assault or rape, you may still seek compensation in a civil case. Furthermore, the burden of proof in criminal court is much higher and requires evidence beyond a reasonable doubt, but civil cases require plaintiffs to establish guilt by a preponderance of evidence (e.g., that it is “more likely than not”).

Sexual Assault by a Medical Provider

As mentioned, we focus our efforts on sexual assault cases involving a medical provider who assaults a patient or elderly resident in a nursing home. In Jacksonville and across Florida, many sexual assault incidents take this form, so we concentrate our practice to hopefully represent and help as many people as possible.

Throughout the years of our practice, we have seen medical provider sexual assault and nursing home sexual assault cases of all sorts. We know where to look for evidence, we know what the defense attorneys and insurance companies will likely try to argue, and we know what needs to be done to defend your rights as a patient and survivor who deserved nothing but the utmost care from a medical provider.

Oftentimes, sexual assault cases involving a medical provider allows the claim to be filed against the individual practitioner/perpetrator and the medical institution that employed or harbored them. For this reason, your case might be filed against an entire healthcare group, which is all the more reason to support your claims with a team as well-versed and respected as ours.

We can file sexual assault claims against the following parties and more:

• Individual medical practitioners
• Healthcare groups
• Hospitals
• Clinician networks

Recovering Damages in a Civil Sexual Assault Lawsuit

In a civil sexual assault lawsuit, plaintiffs can seek compensation for various losses or damages that they have experienced due to the sexual assault. Our attorneys can evaluate your claim to pursue maximum compensation by identifying all available damages, including financial losses (economic damages), non-financial losses (non-economic damages), and punitive damages, which may be awarded in rare cases to punish defendants.

Examples of recoverable damages in sexual assault lawsuits can include: 

• Medical expenses: All costs associated with immediate and ongoing medical treatment following the assault, such as emergency room visits, hospital stays, surgeries, medications, and psychiatric therapy sessions.
• Future medical expenses: If the sexual assault resulted in injuries that require ongoing medical care or therapy, the anticipated costs can be included.
• Lost wages: If you had to take time off work due to the assault, whether for recovery or legal proceedings, you can be compensated for this lost income.
• Loss of earning capacity: If the injuries or psychological trauma from the assault prevented you from working or forced you to adjust your employment, we can help you seek damages for loss of earning capacity.
• Pain and suffering: The most common form of non-economic damages, pain and suffering refers to the physical pain and emotional distress experienced as a result of the assault, such as depression, anxiety, PTSD, and related conditions.
• Loss of enjoyment of life: This non-economic damage considers the diminished ability to enjoy the pleasurable aspects of life due to the assault and the lasting trauma it caused.

Talk to a Team with Record-Breaking Verdicts

Edwards & Ragatz, P.A. is committed to helping survivors of sexual assault take the first step toward healing by holding abusers accountable for unforgivable atrocities, even when that means going up against a powerful healthcare group or medical institution. We understand the severe injuries and psychological effects that sexual assault inflicts on survivors and their families. That’s why our Jacksonville sexual assault attorneys offer aggressive representation that is balanced by compassionate support for victims who are ready to speak their truth. We’re here to empower you, amplify your voice, and demand justice.

If you or a loved one has experienced sexual violence in Jacksonville, Florida, contact us online or call (904) 295-1050 to schedule an entirely confidential, no-cost case consultation.