Sexual assault survivor with a support system
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By Brandon Tomlinson
Managing Shareholder

Experiencing sexual assault in a condo can leave you feeling vulnerable in a place that’s meant to be your sanctuary. With shared spaces and neighbors nearby, it can be overwhelming to face the reality that your safety was compromised. You deserve to feel secure where you live, and when those responsible for protecting that safety fall short, you have the right to hold them accountable. It’s important to know that you have legal rights and potential avenues for seeking justice and compensation, not only from the individual responsible but also from those who may have failed to provide adequate security or protection.

Sexual Assault in a Condo Setting: What You Need to Know

Sexual assault in a condo setting brings unique challenges. Condos often have shared spaces, such as hallways, elevators, and parking areas, where interactions with neighbors and strangers are common. These communal areas, along with close proximity to others, can create environments where safety may be compromised. 

Condo management and associations play a key role in maintaining security, such as proper lighting, functioning locks, and surveillance systems. When these measures fail or when negligence occurs, it can lead to serious legal consequences. Understanding how these elements factor into your case is critical for holding the appropriate parties accountable.

Legal Responsibilities of Condo Associations and Landlords

Condo associations and landlords have a legal responsibility to provide a safe and secure environment for their residents. This duty includes maintaining well-lit common areas, ensuring proper security measures such as working locks, surveillance cameras, and secure entry systems, and addressing any known safety concerns promptly. When they fail to meet these obligations, they may be held liable for incidents that occur on the property, including sexual assault.

Negligent security is a common legal claim in these situations. For instance, if prior complaints about broken locks, insufficient lighting, or malfunctioning security systems were ignored, the condo association or landlord could be considered negligent. In cases of sexual assault, victims may be able to file civil lawsuits against these parties if their failure to maintain proper safety measures contributed to the attack. Documenting previous complaints and any unresolved security issues is essential when pursuing such a claim to hold the responsible parties accountable.

Your Rights as a Victim: Civil and Criminal Options

As a victim of sexual assault, you have both civil and criminal legal options. Criminal charges are pursued by the state and aim to hold the perpetrator accountable through punishment, such as imprisonment or fines. You can report the assault to law enforcement, and they will investigate and decide whether to file charges. However, even if criminal charges aren’t filed or result in a conviction, you can still pursue justice through civil litigation.

In a civil lawsuit, you have the right to seek financial compensation for the harm you’ve suffered. This includes damages for medical expenses, emotional trauma, lost wages, and pain and suffering. Additionally, if the assault occurred due to negligence by the condo association or landlord, you may have grounds to hold them liable. Unlike criminal cases, civil lawsuits aim to compensate you for your losses rather than punish the assailant. Consulting an attorney can help you understand the best path forward.

What to Do After a Sexual Assault in a Condo

After a sexual assault in a condo, it’s essential to take specific steps to protect your well-being and legal rights. Here’s what you can do:

  • Ensure your safety: If you are in immediate danger, leave the area and find a safe place. Contact someone you trust or seek emergency assistance.
  • Get medical attention: Visit a hospital or clinic for a medical examination, which can also preserve important evidence.
  • Report the assault: File a police report as soon as possible. This helps create a formal record of the incident and initiates a criminal investigation.
  • Notify the condo management or landlord: Report any security failures or incidents to your building management or landlord, especially if their negligence contributed to the assault.
  • Preserve evidence: Avoid cleaning up or washing clothes, and document everything, including the location, time, and people involved.
  • Consult with an attorney: An attorney can help you explore your legal options for seeking justice and compensation.

Contact an Experienced Florida Condo Sexual Assault Attorney

At Tomlinson Law Group, we understand the trauma of sexual assault and are committed to helping you seek justice. We’ll work to hold responsible parties accountable, whether it’s the assailant or negligent property management. Our team will guide you through every legal step, ensuring your rights are protected. Contact us today for a confidential consultation and take the first step toward justice.

About the Author
Brandon Tomlinson has a decade of expertise in Insurance Claim Law and Litigation, specializing in drafting and reviewing legal documents. He began his career defending insurance carriers in various areas, gaining a comprehensive understanding of both insurers' and plaintiffs' positions. His experience as an Investigator for the Public Defender and working in construction further broadened his skill set. Before founding Tomlinson Law Group in 2016, he worked at an international law firm and served as Managing Shareholder at another firm, where he managed employees and the litigation department. Now, as Managing Shareholder at Tomlinson Law Group, he handles property damage claims for restoration companies, homeowners, and businesses.