Florida Prison Rape & Sexual Assault Attorneys

Helping You Fight for the Justice You Deserve

Sexual assault in prison is a serious issue that affects inmates across the United States, including Florida. Victims of sexual abuse and assault within jails, prisons, and other correctional facilities have certain protections under state and federal laws. They have the right to report rape and other forms of sexual assault and to receive prompt medical care related to such reports. Correctional officers and other prison staff must also take certain steps to protect inmates who have reported sexual assault, including investigating incidents and working to prevent repeat offenses.

If you or someone you love was raped or otherwise sexually assaulted while incarcerated, reach out to the team at Fischer Redavid PLLC right away. Our Florida prison rape and sexual assault attorneys are committed to protecting your rights and fighting for the fair recovery you are owed. Depending on the details of your case, you could have a claim against an individual, such as a Department of Corrections (DOC) guard, or the facility itself. Our team can help you understand your legal rights and options during a free and completely confidential consultation.

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You can get in touch with us via our online contact form or by calling (954) 860-8434

Scope & Statistics on Prison Rape & Sexual Assault in Florida

Recent studies indicate that prison rape and sexual assault are unfortunately very common occurrences in the United States. According to data released by the Bureau of Justice Statistics (BJS), 1 out of every 10 incarcerated individuals reported being victimized while serving their sentence in 2018 alone. Moreover, these incidents occur disproportionately among LGBTQ+ individuals and those under 18 years old, making them even more vulnerable to exploitation while they are incarcerated.

When looking specifically at prisons located in the state of Florida, there is also evidence indicating an alarmingly high rate of such abuses occurring therein during recent years. For instance, a survey conducted by National Prison Rape Elimination Commission (NPREC) found that one out of three inmates had been subjected to some form or another of unwanted sexual contact since entering prison service—with over half reporting multiple offenses committed against them over a period as short as six months before the survey.

Additionally, roughly 25% reported having been forced into some sort of sexual act against their will since entering custody as well; a statistic which greatly surpasses national averages and highlights just how much more dangerous it can be for prisoners across Florida than in other states.

The Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (PREA) was enacted in 2003 to help protect inmates from sexual assault while incarcerated. PREA requires all correctional facilities to develop policies and procedures to prevent, detect, respond to, and monitor incidents of sexual abuse. It also provides for training staff on how to handle such cases and ensures that victims receive appropriate medical care and mental health services.

Under PREA, the Florida Department of Corrections (DOC) must:

• Utilize the appropriate channels/chain of command to report all allegations, reports, and rumors of sexual assault or misconduct
• Assist inmates who have allegedly suffered sexual assault or misconduct in obtaining “immediate medical attention”
• Work to provide timely mental health evaluations for inmates who have allegedly been victims of sexual assault or misconduct
• Notify Internal Investigations of all reported sexual assault or misconduct within the facility for prompt, proper investigations

In addition, PREA requires that all correctional facilities provide victims with access to confidential reporting options. Victims can report incidents of sexual abuse without fear of retaliation or retribution from their abusers or other inmates. They are also entitled to be informed about their rights as a victim and any available resources for assistance.

Can You Sue a Prison If You Are Raped or Sexually Assaulted while Incarcerated?

In Florida, inmates who have been sexually assaulted in prison may file a civil lawsuit against their abuser or the facility where the assault occurred. The lawsuit can seek damages for physical injury, emotional distress, pain and suffering, lost wages, medical expenses, and other losses incurred as a result of the assault.

Victims of sexual assault in prison also have access to free legal services through organizations such as the Florida Justice Institute (FJI). FJI provides legal representation for inmates who have experienced human rights violations while incarcerated, including those related to sexual abuse.

Proving your lawsuit can be difficult, as these cases tend to be far more complex than other sexual assault injury claims occurring outside of jails, prisons, and correctional facilities. We strongly recommend that you work with a skilled Florida prison rape and sexual assault lawyer, like those at Fischer Redavid PLLC. Our attorneys can review the details of your claim and determine whether you have a solid case. We work to gather important evidence and build powerful claims on behalf of our clients.

Refer a case today

You can get in touch with us via our online contact form or by calling (954) 860-8434