Survivors have a right to pursue justice on their own terms. A civil claim is separate from any criminal case and puts the survivor in control.
A civil sexual assault case is fundamentally different from a criminal prosecution. In a criminal case, the government decides whether to charge and what to pursue, and the survivor is a witness. In a civil case, the survivor is the one who decides whether to bring the claim, and the goal is compensation and accountability rather than incarceration.
A civil claim can proceed regardless of whether criminal charges were ever filed, and it can be brought not only against the individual perpetrator but, in appropriate cases, against a business or institution whose negligence enabled the assault, such as through negligent security or negligent hiring.
In Florida, a survivor may bring a civil action for the intentional torts arising from an assault, such as battery and intentional infliction of emotional distress, and may also pursue negligence claims against third parties, such as a property owner who failed to provide reasonable security. Florida law provides extended or special limitations periods for certain sexual abuse claims, particularly those involving victims who were minors, so the applicable deadline should be evaluated carefully in each case.
The same 2023 law adopted a modified comparative negligence standard under Section 768.81, which bars recovery entirely for a plaintiff found to be more than fifty percent at fault for their own injury. Below that threshold, a recovery is reduced in proportion to the plaintiff's share of fault.
Where a third party such as a hotel, apartment complex, or business enabled the assault through inadequate security, the negligent security framework discussed elsewhere on this site may apply.
The District of Columbia allows survivors to bring civil claims for the intentional torts arising from an assault and for negligence against third parties who enabled it. The District has enacted provisions extending the time to sue for certain sexual abuse claims, and the survival and wrongful death statutes may also be relevant in the most serious cases.
In the District of Columbia, the deadline to file most personal injury lawsuits is three years from the date of the injury.
Because the limitations rules for sexual abuse claims can differ from ordinary injury claims, and because a third-party institution may share responsibility, an early and careful evaluation is important.
These cases are handled with discretion and respect for the survivor throughout. The firm works to build the claim thoroughly while giving the survivor control over the pace and the decisions. Alec Kohn has been featured in South Florida media for a civil sexual assault matter he originated and handled at a prominent civil litigation firm.
You work directly with the attorney on your case, there are no case managers, and the firm is reachable 24 hours a day.
The figures on this page are drawn from the following primary and secondary sources. Statutes and penalties change; this summary is reviewed by the firm and is not a substitute for legal advice on your specific matter.
