Attorneys for Victims of Sexual Abuse in New York, NY

As attorneys for victims of sexual abuse, we represent victims in lawsuits against the perpetrator and his employer. We provide our clients with advice on the proper legal strategy in moving forward with the complaint against the sexual abuser.

What is Sexual Abuse?

Sexual abuse can be any form of unwanted or nonconsensual sexual conduct. Sexual conduct includes a broad range of acts such as sexual intercourse, oral sexual conduct, anal sexual contact, and sexual contact. Sexual contact refers to any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire.

In New York, sexual abuse is punishable under Article 130 of the New York Penal Law, which defines a range of sex offenses. These sex offenses include rape, criminal sexual acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, sexual conduct against a child, female genital mutilation, facilitating a sex offense with a controlled substance, and predatory sexual assault. Sexual abuse can be considered a Class A Misdemeanor or A-II felony, depending on the type of unwanted sexual conduct.

Examples of these sex offenses are attempted rape, fondling, sexual contact or touching, forcing the victim to perform sexual acts and unlawful sexual intercourse or penetration, or even just indecently showing your sexual body parts to a child. Sexual abuse can even occur among partners, such as married couples, if no consent was given before initiating any sexual activity.  An attorney for victims of sexual abuse can evaluate your case to see which form of sexual abuse was committed against you, the proper charges to file, and the penalties involved.

Child or Adult Victim of Sexual Abuse

The first question an attorney for victims of sexual abuse should ask you is whether you were abused when you were a child or as an adult. This is important because it dictates the statute of limitations, which is the period where you have the right to file the case for sexual abuse. When you file beyond this prescribed period, your case will be dismissed. For this reason, the initial determination an attorney for victims of sexual abuse should make is to know whether the statute of limitations has passed. When the period to file has lapsed, no matter how strong your case is, it will be dismissed.

Given the new laws in place in New York, children who are victims of sexual abuse now have until the age of 55 to file a civil action against the perpetrator under the Child Victims Act. For adult victims, the statute of limitations for sexual abuse can range between two to twenty years to file a civil action, depending on the type of sexual abuse committed. For example, forcible touching has to be filed within two years of the incident, while second-degree rape must be filed within 20 years.

Lawsuits Against Employers of Sexual Abusers

With the new laws in place in New York, a person can file a civil lawsuit for damages based on sexual abuse against, not only the individual perpetrator, but schools, religious organizations, recreational organizations, volunteer organizations, hospitals, and nursing homes  that intentionally or negligently allowed the sexual abuse to happen.

Civil vs. Criminal Action for Sexual Abuse

Criminal and civil cases are different in terms of outcomes, levels of proof, and even statutes of limitations.

A civil lawsuit for sexual abuse aims to financially compensate the victim. The damages requested in a civil lawsuit can include relevant medical bills, pain and suffering, emotional therapy costs, damages for emotional distress (i.e., Post-Traumatic Stress Disorder), and diminished quality of life. A criminal lawsuit, on the other hand, aims to penalize the perpetrator through imprisonment and/or fines.

A criminal lawsuit requires proof beyond reasonable doubt. A civil lawsuit requires only preponderance of evidence, which is a lower form of burden than proof beyond reasonable doubt. Preponderance of evidence only requires that it is more likely than not that the perpetrator committed sexual abuse. For this reason, it is not uncommon for one to be acquitted of a criminal charge for sexual abuse, but to be made liable in civil lawsuit for damages arising from sexual abuse.

Reporting sexual abuse can be difficult, especially when the perpetrator is someone you know and afraid of. Sometimes, it takes years for a victim to find the courage to speak up, seek help, and finally file a lawsuit against the perpetrator. Should you need legal representation in filing a case for sexual abuse, we, at the law offices of Albert Goodwin, are here for youWe are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].