Florida's Crime Victims' Bill of Rights: What Survivors of Rehab Abuse Need to Know About Marsy's Law
- Ryan P. Ingraham, ESQ
- Jul 2
- 12 min read
Key Takeaways
Florida voters approved Marsy's Law in 2018, adding constitutional protections for crime victims under Article I, Section 16
Crime victims have the right to be treated with dignity, be informed of proceedings, be present at hearings, and be heard at sentencing
If you were sexually assaulted, physically abused, or victimized by crime in a Florida treatment facility, you have specific constitutional rights
Victims can request notification when offenders are released, file victim impact statements, and receive restitution
Florida's Crime Victim Compensation Program may cover medical bills, counseling, and lost wages for qualifying victims
Criminal justice rights exist separately from civil remedies. You can pursue both.
The State Attorney prosecutes crimes. You can also pursue civil claims against the facility that allowed the crime to occur.
When a crime occurs at a Florida treatment facility, victims often feel powerless. The person who entered treatment seeking help instead became a victim of assault, abuse, or exploitation. The criminal justice system can feel overwhelming and confusing. Many victims don't know they have constitutional rights throughout the process.
Florida's Crime Victims' Bill of Rights, strengthened significantly by Marsy's Law in 2018, provides specific protections for crime victims. If you or your loved one was victimized while in a Florida rehab, sober living facility, or treatment center, you have rights under both criminal and civil law.
At RehabMalpracticeLaw.com, we handle civil claims against facilities where crimes occurred. Attorney Susan B. Ramsey's recovery community connections give her insight into how vulnerable patients become targets. Attorney Ryan P. Ingraham's litigation experience shows him how to hold both perpetrators and negligent facilities accountable. This guide explains your rights as a crime victim and how criminal and civil remedies work together.
What is Marsy's Law?
The constitutional amendment.
On November 6, 2018, Florida voters approved Amendment 6, commonly known as Marsy's Law. The amendment took effect January 8, 2019, and significantly expanded constitutional protections for crime victims under Article I, Section 16 of the Florida Constitution.
Before Marsy's Law, the Florida Constitution acknowledged victims' rights but included limiting language stating these rights existed only "to the extent that these rights do not interfere with the constitutional rights of the accused." Marsy's Law removed that limitation.
The amendment provides crime victims with constitutional standing equal to that of the accused. Defendants have always had enumerated constitutional rights. Marsy's Law ensures victims have clear, enforceable rights, too.
Who qualifies as a "victim"?
Under Florida law, a "victim" is any person who suffers direct or threatened physical, psychological, or financial harm as a result of a crime or attempted crime. The definition includes:
The person directly harmed by the crime
The victim's lawful representative
Parents or guardians of minor victims
Next of kin of homicide victims
If your loved one was harmed in a treatment facility and cannot advocate for themselves, you may have standing to assert their rights as their lawful representative.
Your constitutional rights as a crime victim:
The right to be treated with dignity and respect
Every crime victim has the constitutional right to due process and to be treated with fairness and respect. Law enforcement, prosecutors, and courts must treat you with dignity throughout the criminal justice process.
If you were sexually assaulted at a treatment facility, you should not face skepticism, dismissiveness, or blame. You have the right to be treated as a victim, not as a suspect or an inconvenience.
The right to be free from intimidation
You have the right to be free from intimidation, harassment, and abuse. Threatening or intimidating a crime victim or witness is a third-degree felony under Florida law.
If the facility, the accused, or anyone acting on their behalf attempts to intimidate you into not reporting or cooperating, report this to law enforcement immediately. This is a separate crime.
The right to protection
Within the judicial process, you have the right to be reasonably protected from the accused and anyone acting on their behalf. Courts can set bail conditions and pretrial release conditions that protect your safety and welfare.
If the person who harmed you is released pending trial, you can request protective conditions. The court must consider your safety when making these decisions.
The right to privacy
You have the right to prevent disclosure of information that could be used to locate or harass you or your family. You can also prevent disclosure of confidential or privileged information.
Victims of sexual offenses can request the courtroom be cleared during their testimony. Your personal information should be protected from public disclosure that could endanger you.
Rights you must request:
Certain rights under Marsy's Law require you to affirmatively request them. These include:
The right to notice and presence. You can request reasonable, accurate, and timely notice of all public proceedings involving the criminal case. You have the right to be present at trial, plea hearings, sentencing, and other proceedings, even if you will testify as a witness.
The right to be heard. You can request to be heard at any public proceeding involving pretrial release, plea agreements, sentencing, or parole. Your voice matters in these decisions.
The right to confer with the prosecutor. You can request to confer with the State Attorney about plea agreements, pretrial diversion programs, restitution, sentencing, and case disposition. The prosecutor should consider your input.
The right to submit a victim impact statement. You can provide information about how the
crime affected you physically, emotionally, and financially. This information goes to the judge before sentencing and should be considered in the sentence.
The right to receive reports. You can request copies of the presentence investigation report and other records relevant to your rights as a victim.
The right to notification of release or escape. You can request to be notified of the offender's conviction, sentence, incarceration location, scheduled release date, and any escape. If the person who harmed you is released or escapes, you have the right to know.
How to assert your rights
Complete a victim notification card
After a crime is reported, law enforcement should provide you with a victim notification card. Complete this card to ensure you receive notifications about the case, including release of the defendant.
If you weren't given a notification card, contact the law enforcement agency that investigated your case or the State Attorney's Office handling the prosecution.
Contact the victim advocate
Each State Attorney's Office has victim advocates who help crime victims understand the process and exercise their rights. The victim advocate can:
Explain the criminal justice process
Notify you of court dates and proceedings
Help you prepare a victim impact statement
Assist with Crime Victim Compensation applications
Connect you with counseling and support services
Accompany you to court proceedings
You have the right to have a victim advocate present during depositions and other proceedings.
File a motion if your rights are violated:
If your rights under Marsy's Law are violated, you, your attorney, or the State Attorney can file a motion to enforce your rights. The court must act promptly and provide a remedy. You don't have to simply accept violations of your constitutional rights.
Florida's Crime Victim Compensation Program
Financial assistance for victims
The Florida Bureau of Victim Compensation, administered by the Attorney General's Office, provides financial assistance to crime victims. This program can help cover out-of-pocket expenses when other resources don't.
Compensation may cover:
Medical and hospital expenses
Mental health counseling
Lost wages
Funeral and burial expenses
Relocation expenses in certain cases
The program functions as a payer of last resort. You must use other available resources first, including health insurance and workers' compensation. But when those sources don't cover everything, the compensation program can help fill gaps.
Eligibility requirements:
To qualify for Crime Victim Compensation:
You must be a victim of a qualifying crime. Violent crimes like assault, sexual assault, domestic violence, and homicide typically qualify.
Report the crime within 72 hours. Timely reporting is required, though exceptions exist for reasonable justifications for delay.
Cooperate with law enforcement. You must cooperate with the investigation and prosecution.
File the application within one year. The deadline is one year from the date of the crime, though extensions to two years may be granted for good cause.
Not have engaged in unlawful activity. You cannot have been engaged in unlawful activity at the time of the crime.
Not have contributed to the crime. You cannot have contributed to the crime occurring.
How to apply
Applications are available from the State Attorney's Office, victim advocate offices, or by calling the Bureau of Victim Compensation at 1-800-226-6667. You can also download the application from the Attorney General's website at myfloridalegal.com.
Gather documentation including police reports, medical bills, counseling receipts, and wage statements. Complete the application thoroughly and submit within the deadline.
Crimes in treatment facilities: criminal vs. civil remedies
Two separate legal paths:
When a crime occurs in a Florida treatment facility, two separate legal paths exist:
Criminal prosecution: The State of Florida prosecutes the person who committed the crime. You are the victim and witness, but the case belongs to the state. The prosecutor makes charging decisions. The outcome is criminal penalties like prison or probation.
Civil litigation: You can also sue the person who harmed you AND the facility that allowed it to happen. This case belongs to you. You make decisions about whether to settle or proceed to trial. The outcome is monetary compensation for your damages.
These paths are separate. Criminal prosecution does not prevent civil litigation. Civil litigation does not prevent criminal prosecution. You can pursue both.
Why facility liability matters:
Criminal prosecution holds the individual perpetrator accountable. Civil litigation can also hold the facility accountable for allowing the crime to occur.
Facilities may be liable when they:
Failed to properly screen employees. Background checks should identify prior offenses. Facilities that hire people with histories of sexual violence or abuse may be negligent.
Failed to properly supervise staff. Employees should be monitored. Warning signs should be investigated. Complaints should be taken seriously.
Failed to protect vulnerable patients. Treatment facilities have duties to protect patients from foreseeable harm, including harm from staff members and other patients.
Created conditions allowing abuse. Inadequate staffing, poor supervision protocols, and ignoring red flags create conditions where abuse occurs.
Criminal prosecution sends the perpetrator to prison. Civil litigation forces the facility to pay for the harm their negligence caused and creates financial incentive to prevent future abuse.
Sexual assault in treatment facilities
Sexual assault by staff members against patients in treatment facilities is devastatingly common. Patients in early recovery are vulnerable. Power dynamics favor staff. Facilities often fail to implement adequate protections.
If you were sexually assaulted in a Florida treatment facility:
Report to law enforcement. This is a crime. You have the right to report it and have it investigated.
Seek medical attention. A forensic medical examination preserves evidence. You have the right to have a victim advocate from a certified rape crisis center present.
You cannot be required to take a polygraph. Florida law prohibits law enforcement, prosecutors, or government officials from requiring sexual assault victims to take polygraph examinations as a condition of investigation.
Exercise your rights under Marsy's Law. Request notification of proceedings, submit a victim impact statement, and be heard at sentencing.
Consider civil litigation against the facility. The facility that employed your assailant and failed to protect you may be liable for your damages.
What rights family members have
When your loved one was the victim
If your loved one was victimized in a treatment facility, you may have rights as their representative:
Parents of minor victims can exercise all victim rights on behalf of their child.
Lawful representatives can exercise rights on behalf of victims who cannot advocate for themselves.
Next of kin of homicide victims have standing to exercise victim rights and pursue civil claims.
When your loved one died
If your loved one died as a result of a crime in a treatment facility, you have rights as a surviving family member:
Criminal justice rights. As next of kin, you can exercise all victim rights under Marsy's Law, including attending proceedings, submitting impact statements, and being heard at sentencing.
Civil wrongful death claims. You may be able to sue both the perpetrator and the facility for wrongful death. These claims are separate from criminal prosecution.
Notification rights. You have the right to be notified of the offender's release or escape for as long as they are incarcerated or under supervision.
What happens in the criminal justice process
After reporting the crime:
Once you report a crime, law enforcement investigates. They gather evidence, interview witnesses, and build a case. The State Attorney's Office reviews the investigation and decides whether to file charges.
You have the right to be informed of the case status. If charges are filed, you enter the criminal justice process as a victim with constitutional rights. If charges are not filed, you can ask the prosecutor to explain the decision.
Key proceedings where you have rights:
First appearance. The defendant appears before a judge within 24 hours of arrest. Bail is set. You have the right to have your views conveyed to the court regarding bail and pretrial release conditions.
Arraignment. The defendant enters a plea. You have the right to be present.
Plea negotiations. If the prosecutor negotiates a plea agreement, you have the right to confer with the prosecutor and provide input. Your views should be considered.
Trial. You have the right to be present throughout the trial, even if you will testify. You cannot be excluded solely because you're a witness.
Sentencing. You have the right to be heard. You can submit a written victim impact statement and/or speak directly to the judge about how the crime affected you.
Appeals and post-conviction. You have the right to notice of appeals and post-conviction proceedings. You have the right to participate and provide information.
Restitution
You have the constitutional right to full and timely restitution from each convicted offender for all losses suffered as a result of the criminal conduct. The court should order restitution as part of sentencing.
Restitution through criminal court is separate from damages in civil litigation. You can receive both.
How civil claims work with criminal cases
Timing considerations:
Criminal cases and civil cases proceed on different timelines. Criminal cases typically move faster because defendants have speedy trial rights.
You can file a civil lawsuit before, during, or after criminal proceedings. Many victims wait until after criminal conviction because:
Conviction establishes the defendant committed the acts
Discovery in the criminal case may reveal useful information
The defendant may be more likely to settle after conviction
Statutes of limitations apply to civil claims. Don't wait too long to consult an attorney about civil options.
Evidence and discovery:
Criminal cases and civil cases have different evidence rules and discovery processes. Information from the criminal case can sometimes be used in civil litigation.
Criminal conviction can help prove civil liability. But civil cases require proving damages, not just that a crime occurred. Civil cases can also proceed even if the defendant is acquitted or never charged, because the burden of proof is different.
Different purposes, different outcomes.
Criminal prosecution punishes the offender and protects society. The outcome is incarceration, probation, or other criminal penalties.
Civil litigation compensates you for your injuries. The outcome is money damages for medical expenses, lost wages, pain and suffering, and other harms.
Both serve justice. Both can be pursued simultaneously.
Frequently asked questions
Do I have to participate in the criminal case?
You have the right to participate, but participation in most aspects is optional. You may be subpoenaed to testify, but you cannot be forced to attend other proceedings. Many victims find participation empowering and important for healing.
What if I don't want the person prosecuted?
While you can express your wishes, the decision to prosecute belongs to the State Attorney. You cannot "drop charges" because you didn't file them. The state prosecutes crimes. You can tell the prosecutor your concerns, and they may consider your input, but they are not obligated to follow your wishes.
Can I sue the facility even if the perpetrator isn't convicted?
Yes. Civil liability has a lower burden of proof than criminal conviction. Facilities can be liable for negligence even if the individual perpetrator is acquitted or never charged. The two cases are separate.
How long do I have to file a civil lawsuit?
Statutes of limitations vary depending on the type of claim. Most negligence claims must be filed within two years. Don't delay in consulting an attorney about your civil options.
What if I was using drugs when the crime occurred?
Your substance use does not eliminate your rights as a crime victim. You were in a treatment facility seeking help for addiction. The crime committed against you is still a crime. The facility's duty to protect you still existed.
Can I get compensation even if the perpetrator has no money?
Criminal restitution depends on the offender's ability to pay. But civil claims against the facility may provide compensation even if the individual perpetrator is judgment-proof. Facilities typically have insurance and assets that individuals don't.
Will I have to testify in front of the person who hurt me?
If the case goes to trial, you may have to testify in the defendant's presence. This can be difficult. Victim advocates can help prepare you. In sexual offense cases, you can request the courtroom be cleared of certain people during your testimony.
You have rights. Assert them.
Being victimized in a place where you sought help is a profound betrayal. The criminal justice system can feel overwhelming. Civil litigation can feel daunting. But you have rights under Florida law, and those rights matter.
Marsy's Law ensures you have constitutional standing equal to the accused. You have the right to dignity, to information, to presence, and to be heard. You have the right to compensation and restitution. And you have the right to hold negligent facilities accountable through civil litigation.
At RehabMalpracticeLaw.com, we help victims of crimes in treatment facilities pursue civil claims against the facilities that failed to protect them. Criminal prosecution addresses the perpetrator. We address the facility that let it happen.
If you or a loved one was victimized in a Florida treatment facility, contact us for a free, confidential consultation. You have rights. Let us help you assert them.
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