Yacht Sexual Assault Claims in Miami

Being the victim of a sexual assault in Florida can result in a complex legal battle to recover the compensation that you deserve. Why? Primarily, this is due to the reality that Miami yachts and other vessels are often subject not only to local Florida law, but also maritime law. In order to build a strong case to recover the damages you deserve after a sexual assault on a yacht, you need to have a thorough understanding of how maritime and local law applies to the unique facts and circumstances of your case. 

Speak with an Attorney that Knows How to Get the Results that Matter

To schedule a free, confidential consultation to determine if you have a case, contact an injury attorney at Brais Law at our Miami office today. Our dedicated attorneys have decades of combined maritime law experience, and over 70 years of combined trial experience helping clients get what they deserve. 

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You Deserve to Have a Highly Skilled and Experienced Maritime Injury Lawyer Representing You

If you have been raped or suffered another form of sexual assault onboard a yacht—whether you were a passenger or crewmember—you deserve to have excellent legal representation protecting your rights.

The attorneys at Brais Law work soles for those who have maritime-related injury claims, such as sexual assault. Our firm was founded by Keith Brais who has over 30 years of experience in maritime law and nearly a decade of experience before that as a marine engineer.

When you need someone who will listen and get you the results you need to recover, we stand ready to help. We are passionate about protecting your rights and getting the appropriate parties held responsible for what happened to you.

Sexual Assault is Prohibited by Both Florida and Maritime Law

When you set foot on a boat in Miami or anywhere else in south Florida, generally Florida law will apply. What this means is that any law that is active in Florida will be active and applicable while you are on the boat. Any behaviors or activities that are illegal on land in Florida will also be illegal on the boat while it is in Florida waters.

Once the boat or yacht leaves Florida, U.S. maritime law will generally take over, meaning that only actions that are illegal under U.S. maritime law will be illegal on the boat. Sexual assault is illegal under U.S. maritime law. Whether your boat was in Florida or international waters when the assault occurred, you may have a right to pursue justice for your sexual assault.

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There May Be Multiple Parties Liable in Sexual Assault Incidents that Happen on a Yacht

After a sexual assault, the unique facts and circumstances of your case will determine the liable parties. Generally, you are able to file a lawsuit against the person who assaulted you, as they are directly and personally responsible for their actions and the repercussions of them. In some instances, other parties may also be responsible for your damages for neglecting to protect you or ensure a safe environment. 

Yacht Owners and Crewmember Employers are Responsible for their Employees

If you were sexually assaulted by a crewmember on the yacht, the employer of the crewmember could also be held legally responsible for your damages. How? Because given that the crewmember engaged in the assault while employed on the vessel, their employer is responsible. In situations where the yacht owner failed to provide for the safety of crewmembers and passengers through negligent security or by allowing dangerous passengers or crewmembers onboard, the owner could also be held liable. 

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You Can Collect Monetary Compensation for Your Sexual Assault Through a Civil Action

While you might think that a sexual assault is only a criminal matter, that is not the case. When someone engages in an illegal activity like a sexual assault, they can be subject to criminal charges that would require them to pay fines, face imprisonment, and obtain felon status. A criminal conviction, however, does not provide for damages to the victim. This is why you will need to pursue a civil lawsuit to collect compensation for your damages. Monetary compensation from a civil suit can include:

  • Medical expenses
  • Lost wages
  • Emotional trauma
  • Pain
  • Suffering
  • And more

“Burden of Proof” Requirements Are in the Victim’s Favor When It Comes to Civil Suits

It bears mentioning that the burden of proof in a civil lawsuit is different than in a criminal lawsuit. While in a criminal case the burden of proof is “beyond a reasonable doubt” for each and every element of the crime, for a civil suit, the burden is “by a preponderance of the evidence.”

An injury attorney with Brais Law who is experienced in handling sexual assault cases that occurred on yachts is fully aware of this and will apply the evidence in your favor to produce the most advantageous outcome in your case.

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FAQs: Yacht Sexual Assault Claims

Does Florida Workers’ Compensation Cover Sexual Assault Claims from When I Was a Yacht Crewmember?

A Yacht Passenger Just Sexually Assaulted Me—What Do I Do?

What are My Options If I’m Worried I Will Lose My Job for Reporting a Sexual Assault?

Does Florida Workers’ Compensation Cover Sexual Assault Claims from When I Was a Yacht Crewmember?

You should meet with a maritime injury attorney on our team to discuss the specific circumstances of your case—it is possible that the Jones Act and/or Florida workers’ compensation may apply to your sexual assault claim.

A Yacht Passenger Just Sexually Assaulted Me—What Do I Do?

You should report the incident to the captain and Miami authorities and seek medical attention as soon as possible. We understand how difficult and invasive it is, but photos of any marks on your body and photos of where it happened can help your case. Finally, speak with a lawyer ASAP.

What are My Options If I’m Worried I Will Lose My Job for Reporting a Sexual Assault?

It is illegal for an employer to implement any repercussions on an employee for reporting a rape or sexual assault. If this happened to you, contact us immediately to speak in confidence with a lawyer knowledgeable in handling sexual assault claims involving a yacht or other vessel.

Get the Strong Legal Protection You Deserve after a Maritime Sexual Assault Incident

If you or a loved one have been the victim of a sexual assault on a yacht or other vessel that boarded in Miami or the Florida coast, we want the perpetrator and negligent parties held responsible. Make sure you the full compensation you are entitled to. An injury lawyer at Brais Law is available to discuss your case confidentially. Call us at 305-709-4117, or visit our site to schedule your free initial consultation.

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