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Child Sex Abuse Attorney in Orlando
Child sex abuse cases represent one of the most emotionally charged types of legal cases that are handled by attorneys. They also are one of the most difficult types of legal cases to litigate. Firstly, you have the civil law components of a child sex abuse case, which involves filing a civil lawsuit that seeks both injunctive relief and monetary damages. If your child has suffered from the trauma inflicted by sex abuse, you should reach out to a team of Orlando child sex abuse attorneys that specializes in litigating child sex abuse cases.
In addition to seeking injunctive relief and filing a civil lawsuit that seeks monetary damages, your personal injury lawyer also participates in a criminal proceeding that charges the defendant with child sex abuse. Although a personal injury lawyer does not possess the proper professional credentials to litigate a criminal case, the attorney collaborates with the prosecution team before, during, and after a trial.
At Morgan & Morgan, we understand the emotional roller coaster ride that follows the revelation that a child is a victim of sex abuse. Our team of Orlando child sex abuse attorneys offers a compassionate approach to representing parents and legal guardians during the entire litigation process, from filing a civil lawsuit to collaborating with the prosecutor by providing evidence and access to helpful witnesses.
We understand that children often are hesitant when it comes to revealing facts about a child sex abuse case. This is why our team of Orlando child sex abuse lawyers requests the presence of at least one relative every time we meet with a child. Support from one or more adults can make the difference between getting justice for your child and walking out of a courtroom without getting the results your child deserves. In addition to presenting overwhelmingly persuasive physical evidence, one of the most important elements of a child sex abuse case is encouraging the child to testify in front of a judge and jury.
Do not allow the incredible trauma that stems from child sex abuse to prevent you from getting the justice your child deserves. Schedule a free case evaluation today with the team of Orlando child sex abuse attorneys at Morgan & Morgan.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
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What Are the Most Common Types of Child Sex Abuse Cases?
Child sex abuse encompasses several different types of acts that force, pressure, and/or manipulate a child for the purpose of sexual gratification. Although child sex abuse receives publicity because of the scandals involving clergy, the unlawful act can occur at home, school, or even at the nearest shopping mall. Understanding the most common types of child sex abuse can help adults recognize the signs of mental, physical, and emotional distress.
Forced Rape
Forced rape involves an act of sexual abuse that does not include the consent of the victim. The act of forced rape typically unfolds when an adult uses physical force on a child. However, the threats of using force also can motivate a child to succumb to an act or acts of sex abuse.
Gathering strong physical evidence is the key to winning a civil lawsuit and criminal case for a child sex abuse case that involved forced rape
Coercion
Psychological coercion represents an illegal act that involves an adult controlling a child mentally to receive sexual gratification. Coercion can include a threat to destroy a favorite toy or threatening to expose a secret the victim has concealed.
Indecent Exposure
As another type of criminal activity associated with child sex abuse cases, indecent exposure happens when an adult exposes genitals to a child. Indecent exposure does not require the adult to make physical contact with the victim. The result is not physical duress, but instead, strong emotional distress.
Child Pornography
Distributing child pornography can have a devasting effect on a child. The Internet has made this type of child sex abuse a much more common crime because of the ease of posting photographs online. Children that suffer from the trauma produced by child pornography often require therapy to address their mental and emotional issues.
What Types of Evidence Can Prove Child Sex Abuse?
When you work with one of our Orlando child sex abuse attorneys, you should hand over as much evidence that you can collect. For a civil trial, your legal counsel has to meet the burden of proof called preponderance of the evidence. This means your lawyer has to convince a judge or jury that the claim of child sex abuse meets the standard that there is a 50 percent chance the claim is true. On the other hand, to get a criminal conviction for child sex abuse, the prosecutor must establish proof that is beyond a reasonable doubt.Both civil and criminal trials require the presentation of the same types of evidence.
DNA
For a child sex abuse case, DNA represents the most influential type of evidence, especially for a criminal trial. Each person’s DNA possesses unique characteristics that identify just one person. The issue is collecting a DNA sample before the sample becomes scientifically compromised. If collected in time, DNA is obtained from a wide variety of sources that include clothing, bedding, and furniture, in addition to samples collected on a victim’s body.
Fingerprints
Fingerprints work as strong evidence only if the suspect had no prior contact with the child in question. For example, a case involving child sex abuse allegations against a family member should not include the presentation of the results of fingerprints. However, fingerprints that link a stranger to the crime of child sex abuse can be extremely helpful when presenting evidence during both a civil and criminal trial.
Medical Records
Photographs taken after a forced rape, assault, or molestation help our team of Orlando child sex abuse attorneys build a strong case for the awarding of monetary damages. We call healthcare specialists to the stand to describe in detail the extent of the injuries, as well as what caused them to develop. Copies of diagnostic tests that include imaging scans also contribute to building a persuasive civil and criminal case.
Admission
As a standalone type of evidence, admission is not enough to convict a suspect of committing the crime of child sex abuse. An admission by itself also is not enough to receive monetary damages. Nonetheless, a confession by the suspect under the proper legal circumstances provides strong support for the physical evidence collected at the scene of the incident. Law enforcement has to be careful to follow the procedures established by Miranda Rights, as well as not implement coercive tactics when interrogating a suspect.
Internet
The Internet can be a fertile place to find convincing evidence of child sex abuse. For cases involving the distribution of child pornography, a suspect’s digital footprint is essential to establish one or more acts of the sexual abuse of a child. The Orlando child sex abuse attorney you work with from Morgan & Morgan conducts an exhaustive investigation that includes gaining access to the suspect’s emails and text messages, as well as the posts uploaded on social media sites such as Facebook and Twitter.
What Is the Statute of Limitations for Child Abuse Cases in Florida?
Child sex abuse cases are different from similar cases that involve adult victims. Most adult victims come forward right away by filing criminal charges. However, many children do not come forward right away because of the fear of retribution. The result is a child might not file a criminal complaint until many years later when the child reaches the age of adolescence or even adulthood. This brings up an important question: How long does a child have to file a civil lawsuit or a criminal complaint in Orlando for a sex abuse case?
A few years ago, Florida made historical changes to the statute of limitations for both civil and criminal cases involving child sex abuse. The state now permits childhood abuse victims to file a civil lawsuit and/or criminal charges at any time as long as they suffered from child sex abuse when they were 16 years old or younger. Although a child at 16 or younger can file a civil lawsuit and/or a criminal complaint several years later, the Orlando child sex abuse attorneys at Morgan & Morgan strongly urge potential clients to act with a sense of urgency by filing the proper paperwork as quickly as possible after one or more incidents of child sex abuse. The most important reason for acting quickly is to preserve the accuracy of witness accounts.
What Types of Legal Action Can a Morgan & Morgan Attorney Take for a Child Sex Abuse Case?
Our team of Orlando child sex abuse attorneys has three options when it comes to taking legal action against a suspect accused of sexually abusing a minor. Sometimes, we pursue all three types of legal action.
The purpose of filing a civil lawsuit against a defendant accused of child sex abuse is to receive monetary damages that cover the costs associated with both economic and non-economic expenses. Economic damages include the value of medical bills, which can increase rapidly for a child sex abuse case. Non-economic damages cover issues such as mental anguish and emotional distress.
The second type of legal action concerns requesting injunctive relief, which prevents the defendant from acting in certain ways. For a defendant accused of child sex abuse, injunctive relief can include a judicial order that prohibits the defendant from being within a certain distance from the victim.
If your case goes to a criminal trial, the personal injury lawyer from Morgan & Morgan cooperates with the prosecution by providing physical evidence, as well as the names and contact information of credible witnesses. The attorney from Morgan & Morgan who represents you during the civil lawsuit does not participate in the criminal trial except if the criminal defense team asks your lawyer to testify under oath.
Be Proactive for Your Child
Child sex abuse represents one of the toughest cases to litigate at both the civil and criminal law levels. If your child has suffered the trauma caused by sex abuse, be proactive and get the support your child deserves by contacting the experienced team of Orlando child sex abuse attorneys at Morgan & Morgan. We offer a free case evaluation to devise the most effective legal strategy.
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