Sexual Abuse Victim? – Here’s how you can sue and get justice.

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Baron, Herskowitz, and Cohen Lawyers Leading the State of Florida in Fighting Sexual Abuse

Too many sexual abuse victims carry the burden of shame and guilt when they should not. While no amount of compensation can heal you, we will fight to ensure you and your loved ones obtain justice.

The law firm of Baron, Herskowitz, and Cohen has extensive experience handling the investigation and litigation of cases involving sexual abuse.

 

 

 

Don’t hesitate – to ask questions or to find out how we can help you, please call us at 305-670-0101 or fill out our online contact form for a free and confidential claim evaluation.

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WHAT IS SEXUAL ABUSE?

Sexual abuse is any unwanted, non-consensual sexual act. It occurs against a person’s will through force, the threat of force, coercion, or manipulation. It may include:

  • Unwanted touching
  • Rape
  • Someone forcing you to perform sexual acts
  • Taking advantage of you while you are incapacitated
  • Inappropriate photos and videos

Victims Of Sexual Abuse

Anyone can be a victim of sexual abuse, though women, children, and some demographic groups are more frequently victimized than others. According to the Centers for Disease Control and Prevention (CDC), nearly 1 in 5 women in the U.S. are raped or sexually assaulted at some point in their lives, often by someone they know and trust.

Based on the U.S. Census, projections for the Hispanic female population in the future, and the one-in-six victimization calculation, by the year 2050, the number of females of Hispanic origin who have experienced some form of sexual violence could reach 10.8 million.

What is Childhood Sexual Abuse?

Childhood sexual abuse refers to any sexual act that occurs between an adult and a child. It may include:

  • Exhibitionism
  • Sexual videos, games, pictures, or other images
  • Forced viewing of pornographic photos or videos
  • Lewd behavior

Children are especially vulnerable. Parents or guardians can file a civil action on behalf of their child, seeking compensation for the harm that was done.

Effects Of Sexual Abuse

Every survivor responds to traumatic events in their own way. The effects of the trauma can be short-term or last long after the sexual assault.

Survivors of sexual abuse often internalize their symptoms that may lead to long-term effects such as:

  • Depression
  • Post-traumatic stress disorder
  • Fear
  • Anxiety
  • Difficulty conducting daily activities
  • Sleep disorders
  • Eating disorders

Marsy's Law in Florida

Marsy’s Law in Florida aims to provide victims with consistent and timely information about all public court procedures. The legislation guarantees that victims can be present and voice their perspectives in public hearings, be it pretrial releases, pleas, sentences, paroles, or any other judicial process. Victims also have the prerogative to discuss with the prosecutor about plea deals, pretrial diversions, release decisions, compensation, sentencing, and other case dispositions.

Furthermore, victims can share the effects of the offender’s actions on them and their families with those preparing presentence reports. This input must be taken into account when creating sentencing recommendations for the court. They are also entitled to access presentence reports and other relevant records, with certain confidential sections excluded. Victims should be informed about post-sentencing procedures and have the chance to be involved, share their views with the release authorities, and be informed of any decisions about the offender’s release.

The parole or early release authority shall extend the right to be heard to any person harmed by the offender. The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender.

In essence, Marsy’s Law sets forth the specific rights of victims. An attorney representing a victim will ensure that these rights, as dictated by Marsy’s Law, are upheld by the court.

Restorative Justice

Restorative justice views “justice” as a “repair” of the harm caused by crime and conflict, unlike the conventional system that sees it as “punishment”. Central to restorative justice is addressing the needs of all parties and the community for a just outcome.

In the aftermath of a crime, there are universal human needs like safety, understanding, and apology, which are often overlooked by punitive justice systems primarily focused on guilt and punishment. Restorative justice, through facilitated dialogues, provides an avenue to meet these human needs. This method results in benefits like decreased recidivism and higher satisfaction levels, especially for the victims.

Its positive effects have led to its growing adoption in the US and globally. However, restorative justice isn’t always suitable. It’s voluntary, requiring both the victim and the offender to participate willingly. It’s also reliant on the offender acknowledging responsibility since it doesn’t determine guilt. To ensure success and avoid additional harm, processes should be led by trained facilitators who assess the situation before initiating dialogues.

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How can Baron, Herskowitz, and Cohen Help You?

If you have been the victim of sexual abuse, you may be able to take legal action against your assailant or anybody else who contributed to your injury. 

We can help you seek compensation and closure. This can cover.

  • Medical bills
  • Therapy
  • Lost Wages
  • Pain and Suffering
  • Emotional Distress and Trauma
  • Financial Hardships resulting from the harm
  • Punitive damages in some cases

What Kinds of Sexual Conduct Can I Sue For?

Any nonconsensual sexual act that does harm could be grounds for a lawsuit. Examples include:

  • Rape
  • Sexual Abuse (regardless of age)
  • Sexual Assault and or battery
  • Attempted sexual assault or rape if the act did you harm

Baron, Herskowitz, and Cohen represents a wide range of Sexual Assault victims:

  • Child and adult victims of molestation and sexual abuse by priests, ministers, teachers, Boy Scout leaders, daycare providers, and others
  • Nursing home residents sexually abused by staff members or other residents
  • Patients abused by therapists, counselors, physicians, and hospital staff

Hiring an Attorney to Pursue A Sexual Abuse Claim

If you or someone you know was the victim of sexual abuse, you should consult with an attorney regarding your rights and potential remedies. An experienced sexual abuse attorney can review the facts of your case and determine if you have a valid claim. 

At Baron, Herskowitz, and Cohen we represent individuals who have been the victims of sexual abuse. Having the right attorney on your side can make a  huge difference in the outcome of your sexual assault case. We represent people throughout Miami and across the state of Florida. To schedule, a consultation contact our firm today (305) 670-0101 or info@bhfloridalaw.com.

 

Sexual Abuse FAQs:

Sexual abuse is a serious crime with far-reaching consequences and long-term effects for victims. To learn more about the devastating crime of sexual abuse, consult the frequently asked questions in our blog post.

What is Clergy Sexual Abuse?

Society looks to religion for comfort and faith, especially during hard times. When a clergy member with authority preys on innocent victims, it undermines the public’s trust in the church. Clergy sexual abuse is when someone of power within the church sexually exploits, abuses, or harasses another person. The abuse may be perpetrated upon children or adults. Read more in our blog post.

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