Sexual Assault Attorneys in Florida: Your Complete Legal Guide
If you or someone you love has survived sexual assault in Florida, this guide explains your legal rights, Florida’s key laws protecting survivors, and profiles five law firms that represent survivors in civil claims across the state.
Introduction
Florida uses the term “sexual battery” rather than “rape” as its primary statutory label for sexual assault. The state has made significant advances in extending legal protections for survivors, most notably through Donna’s Law (2020), which eliminated the criminal statute of limitations for sexual battery offenses against victims under 18. Florida’s civil SOL framework is tiered by age and circumstances — there is no civil deadline for victims under 16, and survivors of childhood abuse may have years to decades depending on the specifics of their case. Civil law allows Florida survivors to pursue compensation from both the individual perpetrator and any institution whose negligence enabled the abuse.
Florida Sexual Assault Laws
Definitions and Criminal Offenses
Florida’s sexual battery statute is codified at Fla. Stat. § 794.011. Florida law defines sexual battery as oral, anal, or vaginal penetration by, or union with, the sexual organ of another person, or anal or vaginal penetration by another object, without consent.
Sexual Battery (§ 794.011) is classified by the ages of the parties and the circumstances:
A person 18 or older who commits sexual battery upon a person 12 or older, using physical force or threat that is likely to cause serious personal injury, commits a life felony. The same act without aggravating force is a first-degree felony punishable by up to 30 years. Sexual battery upon a victim under 12 by a person 18 or older is a capital or life felony.
A person under 18 who commits sexual battery upon a victim under 12 commits a life felony. Sexual battery by a person in a position of familial or custodial authority upon a victim 12 to 17 is a first-degree felony. The law presumes a patient cannot give free, full, and informed consent to sexual activity with a treating medical provider.
Lewd or Lascivious Acts (§ 800.04) covers sexual battery and other sexual misconduct involving victims under 16. Lewd or lascivious battery (sexual activity with a person 12 to 15) is a second-degree felony.
Florida’s age of consent is 18, with a close-in-age exception (Romeo and Juliet law) under § 943.04354 allowing persons 16 or 17 to consent to sex with partners no more than 4 years older.
Statutes of Limitations
Criminal SOL
Donna’s Law (2020, codified at § 775.15) removes the criminal statute of limitations for all sexual battery offenses committed against a victim under 18, for offenses occurring on or after July 1, 2020. For those offenses, prosecution may commence at any time. For adult victims (18 or older) whose assault is reported to law enforcement within 72 hours, there is no criminal SOL. If not reported within 72 hours, the criminal SOL is 4 years for first-degree felony sexual battery and 3 years for second-degree felony sexual battery. A DNA-identification exception allows prosecution to commence within 1 year after the perpetrator’s identity is established by DNA evidence.
Civil SOL
Florida’s civil SOL for sexual battery is found at Fla. Stat. § 95.11(7) and (10).
No civil statute of limitations for victims under 16 at the time of the sexual battery. This is Florida’s most protective provision for child survivors and applies regardless of when the abuse occurred, as long as the claim was still viable as of July 1, 2010.
For victims who were 16 or 17 at the time of abuse, the civil SOL is 7 years after reaching the age of majority (age 18), meaning claims may be filed up to age 25. Alternatively, the discovery rule allows filing within 4 years from the time the survivor discovers the connection between an injury and the abuse.
For adult survivors (18 or older at time of abuse), the general civil SOL is 4 years from the date of the assault. An exception applies where the survivor was financially dependent on the abuser: the SOL runs 4 years from when the survivor abandons or ceases depending on the abuser.
Note: A 2023 Florida law (HB 1419) further modified child sexual abuse civil SOL provisions; survivors should consult an attorney to determine the exact deadline applicable to their case.
Top 5 Sexual Assault Attorneys in Florida
1. Herman Law
Phone: 1-800-686-9921
Website: https://hermanlaw.com
Offices: Florida statewide; also offices nationally
Lead Attorney: Jeff Herman
Herman Law is a Florida-based firm that works exclusively on sexual abuse cases. Jeff Herman and his team represent survivors of clergy abuse, foster care abuse, school abuse, and daycare abuse across Florida and nationwide. The firm has achieved significant results for survivors throughout the country and offers free, confidential case evaluations. Herman Law also operates a Special Investigative Unit to support case development. Services available in Spanish.
2. Rafferty Domnick Cunningham & Yaffa
Phone: Palm Beach Gardens (main office)
Website: https://www.pbglaw.com
Offices: Palm Beach Gardens, West Palm Beach, Pensacola, Jacksonville
Attorneys: Troy A. Rafferty, Sean C. Domnick, Fred Cunningham, Greg Yaffa, Nicole Kruegel, Matthew Christ, Katherine Kiziah, Jack Lurton III, Lindsey Gale, Halley Lewis IV, Ileanexis Rocher Colón, Madeline Pendley, Sean C. Domnick Jr., Matthew Sowell, Megan Sowell
Rafferty Domnick Cunningham & Yaffa is one of Florida’s premier plaintiff firms handling sexual abuse cases as part of a broader serious injury and mass tort practice. The firm offers compassionate representation for survivors of sexual abuse including negligent third-party claims against landlords, businesses, schools, and other institutions whose inadequate security or hiring practices enabled the assault. Walk-in welcome at Palm Beach Gardens. Free consultations; contingency basis. Bilingual services available.
3. Dolman Law Group Accident Injury Lawyers, PA
Phone: (727) 451-6900
Website: https://www.dolmanlaw.com
Offices: Multiple locations across Florida
Lead Attorney: Matthew Dolman
Dolman Law Group is a statewide Florida plaintiff firm with a sexual assault practice covering a wide range of cases including OB/GYN sexual assault, Uber and rideshare sexual assault, foster care abuse, and institutional sexual abuse. The firm handles civil claims against both perpetrators and negligent third parties. Consultations are completely private and available at multiple Florida office locations or virtually. Free consultations; no fees unless the firm wins. Contingency basis statewide.
4. Edwards & Ragatz, P.A.
Phone: (904) 295-1050
Website: https://www.edwardsragatz.com
Address: Jacksonville, FL
Attorneys: Thomas S. Edwards Jr., Eric C. Ragatz, Katherine E. Loper, Katie DeSantis McCranie, Doug Clifton, Jennie Edwards Tyler
Edwards & Ragatz is a Jacksonville firm with board-certified civil trial lawyers who represent sexual assault survivors statewide. The firm is experienced in cases against healthcare groups and medical institutions, and takes a nationally experienced trial approach to sexual assault claims. Attorneys are available 24/7; confidential no-cost consultations. The firm handles claims against individuals and institutions and has an established record of results in sexual assault lawsuits. Contingency fee basis.
5. Whittel & Melton, LLC
Phone: 1-866-608-5529
Website: https://www.thefllawfirm.com
Offices: Multiple locations across Florida
Attorneys: Robert G. Whittel, Jason M. Melton, Christopher M. Klemawesch, Tracee L. Ivins, William J. Sheslow, Gina M. Girardot, Patrick W. Harland Jr., Eric J. Evilsizer, Seton Hengesbach, Geoffrey Gilbert, Eli Stiers
Whittel & Melton is a multi-office Florida firm with a sexual assault victims practice. Attorneys help file civil claims against perpetrators and responsible institutions including teachers, school staff, foster parents, clergy, sports coaches, and employers. The firm notes that no police report is required to pursue a civil claim. Available 24/7 for free consultations. No fees unless the firm wins. Bilingual services available in Spanish.
Frequently Asked Questions
Is there a time limit to file a civil lawsuit if I was under 16 when the abuse occurred?
No. For sexual battery against victims under 16, there is no civil statute of limitations in Florida. The claim can be filed at any time, provided it was still viable as of July 1, 2010. For victims who were 16 or 17, the deadline is generally 7 years after turning 18 (age 25), or 4 years from discovery of the connection to the abuse.
What is “Donna’s Law” and does it affect my civil case?
Donna’s Law (2020) eliminated the criminal statute of limitations for sexual battery against victims under 18 for offenses occurring on or after July 1, 2020. It applies to criminal prosecutions, not civil cases. Civil SOL rules are governed by separate statutes (§ 95.11).
Can I sue an institution, not just the individual who assaulted me?
Yes. Florida law permits civil claims against third parties — schools, churches, employers, hotels, property owners, healthcare institutions — whose negligence, inadequate security, or negligent hiring enabled the assault to occur. These institutional claims can be as or more significant than claims against the individual perpetrator.
Can I sue my medical provider if they sexually assaulted me during treatment?
Yes. Florida law presumes a patient cannot give free, full, and informed consent to sexual activity with a treating medical provider. Sexual contact by a medical provider is treated as non-consensual under Florida law regardless of what the patient may have said or done.
Closing
Florida’s elimination of the civil deadline for victims under 16, combined with the extended SOL for older child and adult survivors, gives most Florida survivors a meaningful window to pursue civil justice. The firms listed above offer free, confidential consultations and handle cases on a contingency fee basis.
For immediate crisis support, contact the RAINN National Sexual Assault Hotline at 1-800-656-4673, available 24 hours a day, 7 days a week. Florida’s statewide crisis line is available through the Florida Council Against Sexual Violence at 1-888-956-7273.