In Florida criminal courts, rape and sexual assault are grouped under sexual battery. In criminal court, the victim is a witness. He or she must tell the details of the attack, should he or she choose to testify. The attacker must be found guilty beyond a shadow of a doubt. This means that there can be no question to the jury that the sexual assault and battery occurred. The attacker may or may not be found guilty. If found guilty, he may be ordered to pay restitution, which will be very little compared to the costs of recovery. The victim also has the right to file an application to receive money from the Florida victim fund for relating, if needed, and medical bills, disability, wage loss, and emergency assistance. However, the money is only available after all other financial options have been exhausted and it will not over all of your needs.
In Florida civil court, a sexual battery (rape) or assault only needs to be proven by the idea that it could have occurred (also known as the preponderance of the evidence). This means that even if the attacker was not found guilty in criminal court, he or she can still be held liable in civil court. The victim is now the plaintiff and a party to the case. This victim is able to sue the attacker, as well as the property manager of the property where the attack occurred for negligent security, if warranted. Furthermore, the victim is entitled to financial compensation for more than just his or her out-of-pocket needs.
Derek Smith
6 min. read
Derek Smith