West Palm Beach Sexual Assault Attorney
Our Personal Injury Attorneys in West Palm Beach Can Fight for You!
Many sexual batteries and assaults go unnoticed and unreported, for a many
different reasons. The overwhelming majority of sexual battery around
the world is inflicted against women. Often, those who have been victimized
by sexual battery or assault may feel too embarrassed to press charges
against the accused. They might even feel like they "deserved it"
or "asked for it".
In reality, of course, sexual battery and assault is never deserved, nor
asked for. They are not only crimes in Florida, but they are an offense
for which you can sue in civil courts as well.
Is rape the same as sexual battery in Florida?
Under Florida law, sexual battery, synonymous with "rape", is
punishable as a felony, which may be upgraded depending on the circumstances
of the action. For example, sexual battery on a minor can constitute a
capital felony, with a possibility of life in prison as punishment. Marital
rape is also a serious offense in Florida. There is no protection for
a Defendant who commits sexual assault or battery to use the existence
of marriage as a defense. Penalties are extremely harsh for any sexual
assault or battery criminal proceedings brought by the State of Florida.
Remember, in a criminal case, the Defendant is held accountable to the
State. In a civil case, which is the kind of law our firm specializes
in, the Defendant is held accountable for his or her actions with a monetary
payment to be paid directly by the Defendant, or possibly by their liability
Is assault the same as rape?
According to Florida law, "sexual battery" is when physical contact
is made during a sexual attack, while "assault" occurs when
an attacker makes a threat or otherwise intimidates a victim, and the
attacker is believed to be capable of carrying out such an attack. Each
offense under Florida law carries both a criminal and civil penalty. Penalties
vary according to the circumstances of the incident.
How can a lawyer help me if I've been raped or assaulted?
A personal injury lawyer who practices in the area of law that protects
the victims of sexual battery or rape can play a very important role in
your recovery following an attack. First, we can help connect you with
the proper authorities to investigate the battery or the assault and possibly
help bring charges against the perpetrator. If the attacker is unknown,
we can assist in investigation the matter to try and determine who the
Defendant might or could be.
Next, we can help you file a legal claim against the Defendant or other
associated Defendants in the civil court of law. The purpose of a civil
claim is to hold the attacker accountable for his or her actions and secure
restitution for the pain, suffering, and mental and physical agony an
attacker has inflicted upon you.
Third, we are advocates for the rights of the sexually assaulted. Our attorneys
have represented victims of sexual assault of various backgrounds, circumstances,
and outcomes. We have been featured in national and international press
and media for high-profile sexual battery cases. Our lawyers have also
spoken at women's and victim's rights seminars and workshops about
the law and the civil protections for those who have been raped or assaulted.
You want a lawyer who is experienced, compassionate, and dedicated to
fighting for your rights.
Other reasons to hire a lawyer
Personal injury attorneys operate on what is called a "contingency
fee basis". What this means is that we do not charge you as a client
up-front for any costs or fees to handle your case. Rather, if and only
if we reach a settlement or obtain a verdict for your case, will we deduct
our fees and costs from the settlement or verdict. In other words, we
do not charge fees or costs unless we secure compensation for you and
Our attorneys work with medical doctors and psychologists who may provide
you with the treatment you need to recover from a traumatic episode like
that of a rape or assault. They too may treat you on contingency basis,
so that you can get the help you need immediately. We also adhere to a
strict Attorney-Client Privilege policy. We pride ourselves on presenting
a trust between our firm and our clients.
Do I have to press charges to bring forward a civil lawsuit in a rape or
sexual assault case?
No, your attacker does not have to be criminally prosecuted or even investigated
by the police in order for you to bring forward a civil lawsuit against
him or her. As a strategy, however, our attorneys may assist you in filing
formal criminal charges against the attacker, depending on the unique
circumstances of each case.
What can I recover from a civil lawsuit against a sexual attacker?
Florida law allows for the victims of sexual battery and assault to recover
monetary compensation for both economic and non-economic damages. In civil
law, economic damages include past, present, and future medical treatment
reimbursement for injuries that resulted from the sexual attack, mental
health counseling and treatment, and lost income. Non-economic damages
include pain and suffering, and mental anguish.
Sometimes, you may have more than one Defendant in a sexual battery case.
Third-party Defendants may be introduced into the case, in addition to
the attacker. These Defendants can be the owners of the property (or their
insurance company) on which the rape or assault took place, such as college
campuses, for example. Another example of a third-party Defendant might
be the owner of a bar or tavern who over-serves someone who the commits
an attack, or the landlords who own the rental property a victim may occupy
at the time and place of the attack.
A reputable and experienced sexual abuse attorney will offer a free no-obligation
initial consultation to help you understand your rights as a victim of
sexual battery or assault afforded to you under Florida law. That is what
we do. Call 561-444-4440 today to speak with a specialist who can help
you find out if you have a viable personal injury case against a Defendant
Media and Press Highlights
Spencer Kuvin, litigation director for the Law Offices of Craig Goldenfarb,
P.A., has represented many victims of sexual abuse, sexual battery, and
sexual assault. Here are some notable inclusions, below.
Mr. Kuvin has represented sexual battery victims of former Palm Beach hedge
fund manager Jeffrey Epstein, and the only known Bill Cosby accuser whom
is likely within the legal statute of limitations for bringing both criminal
and civil action against Mr. Cosby.
Forbes, 2010 –
Sex Offender Jeffrey Epstein Is Not a Billionaire
The Guardian, 2014 –
Prince Andrew's link to sex offender Jeffrey Epstein taints royalty in U.S.
Fox News, 2015 –
Bill Cosby accuser meets with LAPD to pursue criminal charges