What happened to you was not your fault, and you get to decide what happens next. Many survivors reach out because they want to know whether anyone besides the person who harmed them can be held responsible, such as a hotel, apartment complex, employer, or rideshare company. A Tampa sexual assault lawyer at Roman Austin can answer that question privately and at your pace.
Our firm helps survivors in Tampa and throughout Hillsborough County pursue civil claims against the people and institutions whose choices made an assault possible. A first conversation is free and confidential, and you can reach our team 24/7 at (727) 787-2500. You are never under any obligation to move forward.
Can a Survivor Sue a Hotel, Apartment Complex, or Business in Florida?
A survivor in Florida can often bring a civil claim against a property owner or business whose inadequate security made an assault foreseeable. These are called negligent security claims, and they are a form of Tampa premises liability claims. The focus is on what the property knew and what it failed to do.
Properties that may face negligent security claims include:
- Hotels and motels
- Apartment complexes and condominium buildings
- Bars, nightclubs, and event venues
- Parking garages and surface lots
- Shopping centers and other businesses open to the public
Each of these businesses owes guests and tenants reasonable care, and that duty can include reasonable security when criminal acts are foreseeable.
What Makes an Assault Foreseeable?
Foreseeability usually turns on what the property owner knew or should have known. Prior similar incidents on or near the property, police calls, tenant complaints, broken locks or gates, poor lighting, and absent or untrained security staff can all show that a risk was known and left unaddressed.
How Florida's Laws Affect These Claims
Florida law requires juries in negligent security cases to consider the fault of the person who committed the crime alongside the property owner's fault, under section 768.0701.
Separately, owners of multifamily residential property can gain a legal presumption against liability if they adopted specific security measures, under section 768.0706. These rules make early investigation of a property's security history especially important.
Can an Employer, School, or Organization Be Held Responsible?
An institution can be held responsible in Florida when its negligence in hiring, retaining, or supervising someone allowed that person to commit an assault. These claims do not require the institution to have intended harm. They ask whether it ignored warning signs, skipped background checks, or left a person with known risks in a position of trust.
Organizations that may face negligent hiring, retention, or supervision claims include:
- Employers whose staff assaulted a coworker, customer, or client
- Schools, churches, and youth organizations
- Medical and therapy practices
- Residential and long-term care facilities
Proving these claims usually requires internal records, such as personnel files, prior complaints, and policies, which our attorneys pursue through the civil discovery process.
Rideshare Assaults in Tampa
Assaults by Uber or Lyft drivers raise their own questions about driver screening, company safety practices, and insurance. Rideshare company terms of service may also contain arbitration provisions that affect where a claim is heard.
Our team, which also handles Tampa rideshare claims, reviews those terms and the company's policies before advising you on next steps.
Can You Sue If the Police Never Filed Charges?
A civil sexual assault claim in Florida can move forward even if no criminal charges were filed or the case ended without a conviction. The civil and criminal systems are separate, and they use different standards of proof.
| Question | Criminal case | Civil case |
|---|---|---|
| Who brings it? | The State Attorney's Office | The survivor, through a lawyer |
| Standard of proof | Beyond a reasonable doubt | Preponderance of the evidence (more likely than not) |
| Who can be held accountable? | The person charged | The perpetrator and negligent businesses or institutions |
| What it can provide | Punishment and court-ordered restitution | Compensation for medical care, counseling, lost income, and harm |
A civil claim gives survivors a measure of control the criminal system does not, because you decide whether to proceed, whether to settle, and what resolution feels like justice.
How Long Do You Have to File a Sexual Assault Lawsuit in Florida?
Florida's filing deadline for a sexual assault civil claim depends on the survivor's age at the time, the type of claim, and who is being sued. Many survivors assume it is too late when it is not, so the deadline is worth checking with a lawyer before you rule anything out. The main limitation periods appear in section 95.11 of the Florida Statutes.
Survivors Who Were Under 16
An action related to sexual battery under section 794.011 against a victim who was under 16 at the time may be brought at any time, with a limited exception for claims that were already time-barred on or before July 1, 2010.
Whether this rule reaches claims against institutions, as opposed to the perpetrator, has been argued in Florida courts, so each case needs individual review.
Childhood Abuse and Delayed Discovery
Florida provides an extended period for intentional tort claims based on childhood abuse. These claims can be filed, whichever is later:
- Within seven years after the survivor turns 18
- Within four years after leaving the dependency of the abuser
- Within four years after discovering both the injury and its connection to the abuse
Claims Arising in Adulthood
For adult survivors, intentional tort claims against the perpetrator generally carry a four-year limit. However, negligence claims against a property owner or employer arising on or after March 24, 2023, generally must be filed within two years.
Because these periods differ, the claim against a business can expire before the claim against the individual.
Will My Name Be Public If I File a Civil Case?
Survivors in Florida can ask the court for privacy protections, and courts may permit a survivor to proceed under a pseudonym such as "Jane Doe" in appropriate cases. Protective orders can also limit how sensitive records and testimony are used and shared during the case.
These protections are requested, not automatic, and the decision belongs to the judge. Many civil claims also resolve through confidential settlement negotiations without a public trial. We explain at the outset what may become part of the court record so you can make informed choices.
Results That Speak Directly to What We Do
How Our Tampa Sexual Abuse Attorneys Handle Your First Contact
Reaching out is a significant step, and we try to make it as easy as possible. When you contact our office:
- Your call or form goes to our in-house intake team, not an outside call center.
- You share only what you are comfortable sharing, and you can pause at any time.
- An attorney explains whether a civil claim may be available and who could be responsible.
- You decide whether to move forward, with no pressure and no cost for the consultation.
Communications with a lawyer about possible representation are generally protected by attorney-client privilege, and we treat every inquiry with discretion.
Why Survivors Trust Roman Austin
Survivors need a legal team that listens first and never rushes. Our Tampa personal injury lawyers approach these cases with patience, privacy, and a focus on accountability.
- Founder Mark S. Roman is a Board Certified Civil Trial Lawyer through The Florida Bar.
- Our attorneys investigate property and institutional security records, not just the individual who caused harm.
- Consultations are free and confidential, and our intake team is available 24/7.
Every case depends on its own facts, and no lawyer can promise a result. If you would like to talk privately about your options, call (727) 787-2500 whenever you feel ready.
FAQs: Tampa Sexual Assault Lawyer
Survivors and families often ask us these questions before deciding whether to move forward.
Can I bring a civil claim if I never reported the assault to police?
A survivor in Florida can pursue a civil sexual assault claim without having filed a police report. A report can be helpful evidence, but it is not a requirement, and many survivors come forward only after time has passed.
What compensation can a sexual assault survivor recover in Florida?
A Florida sexual assault survivor may seek compensation for medical care, counseling and therapy costs, lost income, and emotional harm, depending on the facts and the defendants involved. The goal is to secure resources for healing and to hold responsible parties accountable.
Do I have to face the person who hurt me in court?
Many Florida civil sexual assault cases resolve without a trial, so most survivors never testify in open court. Depositions may be required in litigation, and lawyers can request protective measures to reduce contact and keep proceedings as private as the court allows.
How long does a civil sexual assault case take?
A civil sexual assault case in Florida can take anywhere from several months to a few years, depending on how many defendants are involved, how much discovery is needed, and whether the case settles. Claims against institutions often take longer because of record requests and corporate defense teams.
Does it cost anything to talk to a lawyer about my case?
A first consultation with Roman Austin about a sexual assault claim is free. Talking with a lawyer does not commit you to filing anything, and you can take whatever time you need to decide.
Moving Forward on Your Terms
Attorney and Founder
Healing does not follow a schedule, and neither should your decision about a civil case. When you are ready to understand your options, Roman Austin is here to listen without judgment.
Call (727) 787-2500, day or night, for a free and confidential conversation with our Hillsborough County legal team.
Past results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits.