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The “Me Too”, “Times Up” movements and news media coverage of well-known people from all walks of life being accused of sexual assault have brought to light a multitude of egregious acts. Those in the news range from prominent news people such as Charlie Rose and Matt Lauer to the athletic world of the U.S. Olympic Gymnastic Organization and academia such as Michigan State University.  Sexual assaults have also occurred in corporate America and nursing homes. It seems that no one area has been spared.

Many of those accused are being brought to criminal trial. Not only the actual person who allegedly committed the crime of sexual assault, but also the organization for which they worked are being held culpable.

High-profile cases are only a few of those which are currently being, or in the future will be, held accountable. Whether a person is a woman or a man working in a small or large company or other venue, sexual assault civil cases can be filed. The supposed stigma of the past is now in the process of being erased. Everyone who has been sexually assaulted has the right to file a personal injury lawsuit. The personal injury lawsuit will not negate the criminal suit. 

“In a personal injury lawsuit, the sexually assaulted victim may recover money for any past and future medical care expenses, any past and future lost wages, past and future pain and suffering, and past and future loss of enjoyment of life. This lawsuit can be filed against the individual who conducted the assault and the organization for which the individual may have worked at the time of the assault. When personal injury lawsuits are filed, they are brought in the name of ‘Jane Doe’ so the public never needs to know who brought the claim.  However, in Florida a statute of limitations may apply. It is important to seek legal assistance as soon as possible,” said Fort Myers Personal Injury Lawyer, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

The Florida statute of limitations for filing a civil sexual assault claim must be commenced at any time within:

• 7 years after the age of 18,
• 4 years after leaving the dependency of the abuser, even if the victim is older than 25, or
• 4 years from the time of the discovery of both the injury and the causal relationship between the injury and the abuse. 

Additionally, if the victim was under age 16 at the time of the abuse, it is possible that the victim may bring a claim at any time.

Florida also has a “delayed discovery rule” which is an indefinite extension of the statute of limitations. The delayed discovery rule in the case of sexual assault takes into account that the victim may have repressed memories. The Florida legislature decided the statute of limitations for these cases would not run out until the victim “either knows or reasonably should know of the wrongful act giving rise to the cause of action.”

 “We encourage victims of sexual assault to contact our empathetic team of experienced attorneys. Your meetings with us will always be confidential, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Attorney Spivey.

Fort Myers Personal Injury Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.