Get Free Answers From Experienced Lawyers!
Q: Sexual assault as minor: reporting & legal steps in Florida?
I was sexually assaulted as a minor when I was 17, and now at 18, I want to report it. I have not filed any previous legal reports about the incident. I have a voice recording of the perpetrator threatening my family and me, which includes emotional abuse, but the recording is in another language. The perpetrator is also the co-signer of our house mortgage, and I'm concerned about what could happen to our house. Because of his ongoing threats, I was unable to report the assault earlier. I want him to get away from my family and me and sue him. Is this evidence sufficient to sue the perpetrator, and how should I proceed given the ongoing threat to my family and the situation with the mortgage?
A:
Based on your personal account and the phone message he left, it appears you may have direct evidence of sexual assault. If that’s the case, he could face criminal charges, and you may also have grounds to pursue a civil claim for sexual battery and molestation.
While insurance coverage may not apply in this type of case, you could still seek recovery from his personal assets, if available. Some attorneys—including myself—handle these cases on a contingency fee basis, meaning you pay nothing unless we win.
A:
You can still report the assault to law enforcement in Florida, even though some time has passed. Since you were 17 when it happened, the law recognizes that you were a minor at the time, and your explanation of threats preventing you from reporting earlier can be important context. The voice recording, even if it is in another language, can be translated and used to show intimidation and emotional abuse, which supports your case.
Your first step should be to contact the police or a victim services center and provide them with every detail you have. Turning over the recording, along with your account of what happened, will allow investigators to start building a case. If you feel unsafe, you can also request a restraining order to keep him from contacting or threatening you and your family. His involvement in the mortgage does not give him the right to continue living in your home or using it to control you, and the court can issue protections that address both safety and living arrangements.
In addition to a criminal investigation, you may also have the option to file a civil lawsuit for damages. Evidence like your recording and testimony from anyone aware of his threats can strengthen your claim. Taking action now can help separate him from your family’s life while also giving you a path to hold him accountable in both criminal and civil court.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.