Nothing can prepare an individual for being sexually assaulted, and adapting to life post-trauma is a difficult process. Someone who chooses to pursue retribution can do so by addressing their attacker in more than just criminal court.
If you or your loved one has been involved in an incident with a sexual predator, contact a passionate and empathetic Pasco County sexual abuse lawyer immediately. A skilled personal injury attorney can act as an advocate and can mitigate penalties on your behalf.
Those who have inflicted sexual abuse on another person are liable for both the physical and emotional injuries caused by the crime. Liability in sexual abuse cases is not, however, limited only to the perpetrator. Indirect parties may be responsible for a sexual assault, including business entities if the sexual abuse was the result of their negligence.
Another party’s liability may be the result of negligent hiring. An employer is responsible for complying with federal and state law and any regulations that governing bodies put into place to ensure the safety of others. This may include completing background checks and taking action by investigating reported allegations. A third party’s liability in a civil sexual abuse case may stem from an employer’s failure to comply with a federal or state regulation or the employer’s policy. However, it is not limited to those circumstances.
An employer’s liability may also stem from willful ignorance. Choosing to ignore evidence of abuse or simply removing a person that is known to have engaged in sexual abuse from their position could establish liability, especially when the employer or a facility has a duty to report cases of sexual abuse. A Pasco County sexual abuse lawyer can establish if an employer may be liable for an instance of sexual assault
Civil Court vs. Criminal Court
When the police arrest and charge an individual with a crime related to sexual abuse, the path of the case is beyond the control of the person most impacted by the crime. The prosecutor decides whether the defendant will be formally charged based on the evidence that the police provide. The prosecutor then dictates how that criminal case will move forward if they elect to proceed.
While it is common for the prosecutor to speak with the abused and make the individual aware of the charging decisions made, all paperwork specifies that the parties are the state of Florida versus the defendant. The decisions in prosecuting the case are commonly made in the best interests of the state, rather than the individual who suffered the harm.
Defining the Civil Process
Civil court is an entirely different legal process. In civil cases, the injured party dictates whether or not a case is filed, and determines who acts as their representative. A Pasco County sexual abuse lawyer can confer with the harmed individual on the best possible legal strategy. When determining whether a negotiated settlement is the best option, the abused makes the final decision.
Civil court cases can assist a victim of sexual assault to reclaim their sense of self by being directly involved in the process of finding some measure of justice. If you are seeking to file a civil case against the party responsible for your sexual abuse incident, you should contact a dedicated Pasco County sexual abuse lawyer who can act as an advocate.