Helping Survivors
Florida Sex Assault Statute of Limitations
After experiencing sexual abuse or assault, it can feel impossible to put your life back together. Victims often don’t know where to start when it comes to reporting or seeking support for sexual abuse. If you’ve experienced sexual abuse or assault in Florida, there are support, advocacy, and reporting resources available to help you seek justice.
Statutes of Limitations for Reporting and Legal Action
Criminal Charges
Criminal statutes of limitations impose deadlines for prosecutors to file criminal charges. In Florida, criminal statutes of limitations for sexual assault vary depending on the nature of the offense and the age of the victim. Florida’s statutes governing the prosecution of sexual crimes have recently changed, so these statutes of limitations apply to acts committed on or after July 1, 2020.
- As of July 1, 2020, sexual battery of any type committed against children under the age of 18 has no statute of limitations. Prosecutors may file criminal charges for these offenses at any time after the event.
- For acts committed before July 1, 2020, sexual battery of any type against children under the age of 16 has no statute of limitations.
- There is no statute of limitations for felonies of any type reported within 72 hours of the time they occurred.
- The statute of limitations for first-degree felonies is four years.
- The statute of limitations for all other felonies is three years.
Civil Claims
Civil lawsuits differ from criminal prosecutions because the defendant does not face jail time or other criminal penalties. Instead, the victim files a civil lawsuit to pursue financial compensation and other civil remedies from the defendant.
The civil statutes of limitations vary depending on the nature of the offense as follows:
- There is no statute of limitations for civil claims for sexual battery committed against children younger than 16.
- For non-battery sexual offenses against children, the statute of limitations for civil claims could be any of the following:
- Seven years after the victim turns 18
- For incest committed by a parent or guardian, four years after the victim leaves the abuser’s custody
- Four years from the time the victim discovers the injury or understands the correlation between the abuse and the injury, whichever is later
- For other forms of sexual abuse, the statute of limitations is generally four years.
Reporting Sexual Abuse
There are several options for reporting sexual abuse and assault in Florida. The state provides a phone hotline, an online reporting system, and similar resources for survivors to report. The reporting process can be complex. Reporting abuse to law enforcement or pursuing a civil lawsuit may be right for you. However, no matter what you decide, you can still access sexual assault support resources in Florida.
Privacy Protections for Victims
Many sexual assault survivors worry about revealing their identity and making their sexual assault public when reporting. Florida state law has certain privacy protections for sexual assault victims. These include protection of the victim’s identity and the right to confidentiality in public records, particularly for victims who were minors at the time of the offense.
Sexual assault victims also have certain evidentiary privileges in court, granting them the right not to testify about certain sensitive matters. These privileges specifically include counselor-victim privilege for sexual assault survivors. This privilege recognizes a private relationship between the sexual assault victim and their counselor that prevents forced disclosure of confidential information provided during counseling sessions or related to the counseling received.
Depending on the nature of the case, sexual assault victims may also request that certain people be removed from the courtroom during testimony.
How To Report Sexual Assault in Florida
There are four ways to report sexual abuse in Florida:
- Telephone: 1-800-96-ABUSE (1-800-962-2873)
- Fax: 1-800-914-0004
- TDD (Telecommunication Device for the Deaf): 1-800-453-5145
- Online: http://reportabuse.dcf.state.fl.us
Online reporting is inappropriate for situations requiring immediate attention. If you believe a child or vulnerable adult is at imminent risk of harm, it’s best to reach out to the abuse hotline via telephone.
What Happens After You Report?
The process of reporting sexual assault can be difficult to navigate alone. It typically includes a combination of the following steps:
- Forensic exams. If the sexual assault is recent, you may undergo a forensic exam, often known as a “rape kit.” Forensic exams are a key form of evidence used to prosecute assault. You are always entitled to decline a rape kit.
- Police reports. Reporting your case to the police creates detailed evidence of the assault as you remember it.
- Police interviews. If you wish to pursue criminal charges, you’ll be interviewed by police, who will ask detailed questions to get as much information from you as possible. Note that prosecutors make the final decision on whether to file criminal charges.
- Taking your case to court. You will likely have to appear in court or otherwise testify if criminal charges are filed.
- Victim advocacy services. You can rely on support from victim advocacy services to answer questions or provide resources at any point during the process.
Reporting is a deeply personal choice, and you may decide it’s not right for you. Survivors can access support services regardless of whether they report the assault.
Support Centers and Resources in Florida
There are resources and support centers available to you as a survivor of sexual abuse in Florida. Some of these support people throughout the state, while others operate regionally.
Statewide Resources
The primary statewide resource for sexual violence survivors in Florida is the Florida Council Against Sexual Violence, or FCASV. It provides advocacy, counseling, and connections to local resources for survivors of sexual abuse. FCASV can be reached through its toll-free hotline at 1-888-956-7273.
Local Help and Support Centers by Region
Central Florida:
- Abuse Counseling and Treatment, Fort Myers
- Center for Abuse and Rape Emergencies (CARE), Punta Gorda
- Centerstone of Florida, Bradenton
- Crisis Center of Tampa Bay, Tampa
- Sunrise of Pasco County, Dade City
- Peace River Center, Lakeland
- Victim Service Center of Central Florida, Orlando
North Florida:
- Alachua County Victim Services and Rape Crisis Center, Gainesville
- Another Way, Lake City
- Betty Griffin Center, St. Augustine
- Family Life Center, Bunnell
- Florida Department of Health in Putnam County, Palatka
- Women’s Center of Jacksonville, Jacksonville
South Florida:
- M.U.J.E.R., Florida City
- Palm Beach County Victim Services, Palm Beach
- Project HELP, Naples
- Roxcy Bolton Rape Treatment Center, Miami
- Sexual Assault Assistance Program of the Treasure Coast, Fort Pierce
- Women In Distress of Broward County, Fort Lauderdale
Panhandle:
- Gulf Coast Children’s Advocacy Center, Panama City
- Gulf Coast Sexual Assault Program, Panama City
- Refuge House, Tallahassee
Sexual Abuse Hotlines
Sexual abuse hotlines operate on both state and national levels. They provide some counseling to survivors over the phone and connect survivors to resources. These include:
- Florida Abuse Hotline: 1-800-96-ABUSE
- National Sexual Assault Hotline (RAINN): 1-800-656-4673
Reach Out for Help After Sexual Abuse
If you’ve been sexually abused or assaulted in Florida, you’re not alone. Resources are available locally and statewide for every step of your recovery journey. Whether or not you decide to report the assault, reaching out to support centers for victims can help you process the abuse and begin to move forward through counseling, medical assistance, and similar resources.
There is no right way to navigate the process of healing from sexual abuse. At Helping Survivors, we can answer your questions and connect you with an experienced trauma-informed attorney to advise you about your legal options in Florida.
