Florida Jail Sexual Assault Attorney
There is a common perception of Florida correctional institutions being violent environments, but you may not realize the prevalence of sexual assaults and severe injuries that can result from them. Though there are some issues with reporting, the National Institutes of Health estimates that around 2-5 percent of all inmates have sustained a sexual attack at least once during a six-month period. The victim suffered physical injury in 70 percent of these cases, but the consequences of being victimized were also emotionally and psychologically traumatizing.
Regardless of why you were incarcerated, the US Constitution provides inmates with rights and protections against sexual violence. You may have legal remedies if you were assaulted, and our team at Halpern Santos & Pinkert, P.A. can explain them in more detail. Please contact our firm to set up a no-cost case evaluation with a Florida jail sexual assault attorney, and read on for some important information about recovering compensation for your losses.
Sexual Violence and Inmate Civil Rights
When you are being detained after an arrest, awaiting trial, or serving your sentence after a conviction, you do have rights as an inmate. The US and Florida Constitutions protect you from cruel and unusual punishment, and you are entitled to enjoy humane treatment and safe conditions. If you are subjected to sexual abuse, assault, or related violence, you may have grounds to enforce your rights on the basis of:
- Sexual Abuse by Prison Staff: Guards, officers, and other personnel are prohibited from using force or abusing their authority to engage in sexual activity with inmates. Jail sexual assault may also include sexual touching and verbal abuse under certain circumstances.
- Failure to Protect Against Sexual Assault by Other Inmates: Incorporated within a facility’s duties is the obligation to prevent other occupants from preying upon, forcing sexual acts, and engaging in other sexual attacks. As an employer, a correctional facility does have some responsibility over its employees.
You May Be Entitled to Monetary Damages
An inmate who sustains harm because of jail sexual assault can file a complaint against the facility, which may result in punishment for an employee, sanctions against administration, and other penalties. However, you many also suffer physical injuries and emotional losses, for which you may be able to recover compensation. Our lawyers at Halpern Santos & Pinkert, P.A. are prepared to seek justice and pursue all available remedies against the relevant parties. Our goal is to obtain fair, reasonable monetary damages for your losses, including:
- Medical costs for your injuries and psychological treatment;
- Pain and suffering;
- Emotional distress; and,
- Punitive damages, where the sexual abuse was so egregious that financial punishment is appropriate for wrongdoers.
Consult with a Florida Jail Sexual Assault Attorney About Your Options
If you or someone you love was the victim of sexual assault while incarcerated, please contact Halpern Santos & Pinkert, P.A. at our offices in Coral Gables, FL. You can schedule a free consultation with a member of our team by calling 305-445-1111 or filling out an online form. We can explain your remedies and determine next steps after learning more about your story.