Sexual Abuse Lawyer Buffalo NY

Suffering from sexual abuse or assault can have lifelong consequences. When an abuser mistreats someone, that victim will deal with the physical and emotional side effects for a long time. Survivors have the option to fight for justice against their abusers to recover compensation for legal damages.

This is not an easy legal process to find success. Your best chance of claiming a settlement for damages is with the help of Injury Lawyer Team. Our law firm has served many clients who suffered from abuse or assault in Buffalo, NY.

Why Choose Injury Lawyer Team

When filing a civil lawsuit for sexual abuse, many factors can impact your case. The sex abuse lawyers at Injury Lawyer Team know what it takes to win your claim and obtain maximum compensation for your legal damages. We also know how important it is to be compassionate toward sexual abuse victims who may feel overwhelmed by their ordeals.

Once you agree to work with our team, we will investigate your sexual abuse case to assess all damages. A dedicated lawyer will help you develop a strong claim that holds up to the scrutiny of a civil proceeding. We will fight relentlessly to protect your rights under New York state laws so you can focus on healing physically and emotionally.

Understanding Sexual Abuse and Assault

Sexual assault and sexual abuse have slightly different definitions according to New York law. Sexual assault is an umbrella term that includes sex crimes like rape, forcible touching, predatory sexual assault, and criminal sexual contact. Sexual abuse is defined as subjecting another person to sexual contact without their consent.

These two categorizations have multiple similarities. In both cases, the victims do not consent to the perpetrators’ actions. Additionally, there is likely a power imbalance between the parties that paves the way for the abuse to occur. For example, a teacher with authority over a student may use that power to commit abusive acts.

Common Forms of Sexual Abuse

People could be guilty of sexual abuse or assault for various reasons. Here are some scenarios that are usually defined as abuse or assault under New York state laws.

• Unwanted physical contact – Touching a person sexually with a body part or object without their permission is defined as sexual abuse.
• Child sexual abuse – Children (anyone under the age of consent, which is 17) are especially vulnerable to child sex abuse by an adult because they cannot give legal consent and don’t understand what it is. Sadly, more than 3,000 kids in Erie County are abused each year [1].
• Sexual intercourse – Any form of penetrative sex that is forced or coerced, even sexual oral contact, is considered rape.
• Sexual exploitation – Using trust, power, or vulnerability to achieve sexual ends with someone and somehow benefit is considered sexual abuse.
• Sexual exposure – If you expose someone to sexual imagery, such as pornography or flashing, without their permission, you could be on the receiving end of a sexual abuse claim.

Institutions Where Sexual Abuse Is Most Likely to Occur

• Workplace – Most working environments feature power imbalances among employers and employees, which could lead to abusive behavior from those with more authority.
• Inpatient treatment facility – Our firm has seen numerous cases of a patient who must stay overnight for medical care being physically vulnerable to abusive staff in the same clinic.
• Correctional facility – Inmates and staff are at varying levels of authority in prisons, so opportunities for sexual abuse or assault are numerous.
• Foster care – A child who is in the foster care system could be put in a house with an abusive family member who takes advantage of their vulnerable position.
• Daycare centers – In a daycare center, adult staff are placed in charge of multiple children, so if any employees are abusive, they could easily mistreat those children.
• Educational institutions – Places of learning involve power dynamics between administrators or teachers and students that can lead to inappropriate behaviors.
• Religious institutions – Religious leaders typically earn the trust of others easily, which is one of the reasons why clergy abuse of children is so widespread.
• Nursing homes – Elderly individuals with more significant medical needs move into nursing homes to receive that care, but abusive staff or other residents may ruin those services.
• Sports clubs – Athletes trust coaches and trainers to develop their skills in a sports program. Still, some individuals may use that authority to sexually abuse young athletes, which is a scenario our firm has seen before.
• Military institutions – Military organizations often fail to report instances of abuse, especially if the case involves an officer abusing a private and threatening action against them.
• Hotels and short-term rentals – Staying in an overnight accommodation is usually safe, but a sexual predator may stake out your room or place a secret camera inside.
• Shelters – Vulnerable groups in Buffalo, NY, sometimes seek out shelters for safety, but these refugees typically lack security and supervision against sexual abuse.

Steps to Take If You Are a Victim of Sexual Assault

First, victims should seek medical attention to have their physical injury treated if the sexual abuse caused bodily damage. Second, the survivor should report the incident to the Buffalo Police Department and consider calling the National Sexual Assault Hotline (800-656-4673) for emotional support.

Next, you want to start thinking about a sex abuse claim. Document as much information about the abuse as possible. This includes the lead-up to the incident, any text conversations between you and the perpetrator, and the aftermath.

The more data you record, the easier it will be for sex abuse lawyers from our law firm to build a strong case. Contact Injury Lawyer Team for a free consultation and ask questions about your civil lawsuit prospects and what evidence to gather. The final step is to seek support services to address the emotional trauma of your sexual abuse. There are many sexual abuse therapists in Buffalo available for one-on-one counseling. Child and Family Services is another excellent resource that provides multiple support services for victims of sexual abuse, sexual violence, and domestic issues.

Compensation for Sexual Abuse Victims

Your Buffalo sexual abuse lawyer can help obtain maximum compensation for legal damages in your lawsuit. Damages that could feature in your settlement are medical bills, therapy costs, lost wages, emotional distress, physical pain, and loss of quality of life.

Punitive damages may be awarded for further compensation in some cases involving malicious intent. The settlement amount will be affected by the severity of your injuries, the extent of your losses, the strength of your attorney, and the amount of evidence.

Liability in Sexual Abuse Cases

For this legal action to be successful, child or adult survivors must establish liability through evidence. The liable parties in these civil lawsuits could be individuals or institutions.

An institution may be responsible for your damages if it failed to prevent abuse, failed to report abuse, performed insufficient background checks, enacted poor supervision practices, or created an environment where sexual abuse could thrive.

Other legal precedents in New York state could also affect the outcome of your claim. Vicarious liability refers to one entity being held responsible for the actions of a related entity. In educational institutions, Title IX governs the treatment of different sexes.

If your civil case involves a religious institution, specific precedents regarding power dynamics may be at play. For example, a clergy member abusing a child is a concrete example of religious power dynamics.

How to Prove a Sexual Abuse Case

To ensure your abuser is held accountable, you must prove liability with the help of sexual abuse lawyers. Evidence must support that the defendant had a duty of care to uphold, that they breached that duty, that their actions caused you harm, and that legal damages resulted from the harm.

The burden of proof in a civil case is slightly lower than in a criminal trial because you only have to demonstrate that it is “more likely than not” that these elements are true. The offense must be proven beyond a reasonable doubt for a criminal case.

Working with your attorney is the key to proving liability. Legal professionals from our law firm know how to collect solid evidence supporting your case, leading to full compensation.

How Our Buffalo Sexual Abuse Lawyers Can Help

Our team can assist you throughout the claims process to get the justice you deserve. We help victims hold abusers accountable in several ways.

• A free case review to discuss your legal options and ask questions about your claim.
• Assessment of all legal damages to determine a fair settlement amount.
• A thorough investigation of the sex abuse that occurred to compile evidence and prove liability.
• Negotiate with the abuser and their defense team to secure enough financial compensation to cover your losses.
• Legal representation during a trial if the case proceeds to court.

The Time Limits for Filing a Claim in Buffalo, NY

The deadline for filing a claim for sex abuse depends on when the abuse happened.

New York has one of the most flexible statutes of limitations in the country for sex abuse cases. The Child Victims Act of 2019 allows anyone whose abuse occurred when they were minors to file claims up until the age of 55. Adult survivors have three years to pursue claims for minor sex abuse infractions, but more extreme cases have a twenty-year deadline.

Contact a Buffalo Sexual Abuse Lawyer Today!

This legal professional will ensure your abuser is held accountable for engaging in sexual activity without your consent. We work on a contingency fee basis to ensure no upfront costs for victims who use our services.

For a free consultation with a Buffalo sexual abuse attorney, call our law firm today at 866-757-6452 or complete the contact form.

Related Practice Areas

• New York City Sexual Abuse Lawyer
• Rochester Sexual Abuse Lawyer
• Syracuse Sexual Abuse Lawyer
• Yonkers Sexual Abuse Lawyer

Resources: [1] WKBW