Sexual Abuse Lawyer New York

Sexual abuse and sexual assault have terrible consequences for the victims. Not only are there physical consequences of these acts, but the emotional pain can last a lifetime. Often, sexual abuse and assault are perpetrated by people that the victims know. Survivors have the option to pursue civil lawsuits against their abusers to seek justice and claim financial compensation for legal damages suffered.

An experienced law firm like Injury Lawyer Team can guide you through your civil lawsuit in New York State. Our sexual abuse attorneys have vast experience securing compensation for survivors and can help you build a strong case.

Why Choose Injury Lawyer Team

If you want to pursue legal action against your abuser, then you need a sexual abuse lawyer who knows what they are doing. Injury Lawyer Team will prioritize your needs to ensure you receive the financial compensation you deserve for legal damages.

We believe in a compassionate approach with sexual abuse survivors so they can focus on healing while we handle the heavy lifting of this complex legal process.

Once you agree to work with our team after a free consultation, we will investigate your claim to determine what damages are present. With deep expertise in handling sexual abuse claims, our law firm will fight for your rights under New York law and work tirelessly to win your case, ensuring the best possible outcome regarding justice and compensation.

Understanding Sexual Abuse and Assault

Sexual abuse and sexual assault both involve the lack of consent from the victim. In most cases, there is also a power imbalance between the parties involved. For example, a person in a position of authority, such as a police officer, may exploit another person, such as an inmate in the local jail. However, there are separate definitions for these two acts under New York law.

Sexual abuse is defined as someone subjecting another person to sexual contact without their consent. Sexual assault is an umbrella term for sex crimes, including rape, predatory sexual assault, forcible touching, and criminal sexual contact.

Age plays a factor in whether something constitutes a crime as well. Children under 17 are unable to give consent. Sexual abuse lawyers can walk you through these distinctions and how they may affect your case.

Common Forms of Sexual Abuse

Sex abuse can take many forms, according to the laws in New York. Here are some scenarios that are usually defined as sexual abuse or assault.

• Unwanted physical contact – If you touch another person sexually with either a body part or object without their consent, it is typically considered sexual abuse.
• Sexual intercourse – If any type of penetration occurs sexually without consent, it is defined as sexual assault.
• Sexual exploitation – Individuals who use power, trust, or vulnerability to coerce others into sexual acts are committing sexual abuse.
• Sexual exposure – Exposing an unwilling victim to sexual imagery, such as pornographic images or exposing your genitals, can be defined as a form of sexual abuse.
• Child sexual abuse – Child sexual abuse has a much looser definition because vulnerable children are unable to give consent. According to New York law, people under the age of 17 cannot give consent.

Institutions Where Sexual Abuse Is Most Likely to Occur

These heinous acts can occur almost anywhere. There are numerous institutions where people should feel safe, but they often end up on the receiving end of sexual acts without their consent. Here are some institutions where people are frequently sexually abused.

Workplaces

Workplace dynamics create power structures among employers and employees. Those in positions of power may use their authority to abuse or exploit employees. Cases we handle may involve sexual exploitation or other types of abuse.

Inpatient Treatment Facilities

Sexual predators are sometimes found in places dedicated to medical care for overnight patients. Since these patients are often physically vulnerable, staff or other adults can engage in abusive behaviors.

Prisons and Correctional Facilities

Sexual assault is common in correctional facilities between inmates, but it can also involve guards and other staff as well. Incidents between staff and inmates usually occur because of power imbalances.

Foster Care

The foster care system is supposed to put children in safe homes with trustworthy families. Unfortunately, sometimes children are exposed to predators while in the system. We can help children and their families fight for justice.

Daycare Facilities

Child sexual abuse cases are all too common in daycare centers. In these facilities, children are supervised by adults during the day, but if the wrong person is hired, then child sex abuse may occur.

Educational Institutions

Child sexual abuse can also occur within academic facilities if teachers or administrators take advantage of students. Power imbalances are abused in educational institutions at all levels of academia.

Religious Institutions

Clergy sexual abuse has become a massive problem in this country because of the automatic trust that is placed in religious leaders. Churches and other organizations may create environments where sexual abuse and assault can thrive, especially involving child victims.

Nursing Homes

Elderly individuals in nursing homes may be in immediate danger of sexual abuse because of their vulnerabilities. Staff and other residents may commit a criminal offense by exploiting the resident’s limitations.

Sports Clubs

Sports programs place coaches and trainers in positions of authority over athletes. Often, these athletes are minors, which means child sex crimes may happen if those with authority use their power to engage in disgraceful behaviors.

Military Institutions

In the military, there is an obvious power hierarchy at play. If there are sexual predators in positions of power, they could commit sexual harassment, abuse, or assault against others and sweep their complaints under the rug to avoid repercussions.

Hotels and Short-Term Rentals

We frequently work with victims of sexual abuse or assault who were staying in a hotel or short-term rental in New York. Hidden cameras remain a concern, and we can help you determine whether a hidden camera in your short-term residence was sexual abuse. Often, this depends on the circumstance. However, inappropriate recordings of people are always illegal.

Shelters

Clients at homeless shelters are typically in a vulnerable situation. This vulnerable population is more likely to be exploited by people in power, including supervisors and case managers. Other residents at shelters may be predators that use their residence to gain access to future victims.

Steps to Take If You Are a Victim of Sexual Assault

Sexual abuse survivors may face a challenging recovery from their physical and emotional wounds. The best way to prioritize your well-being after getting abused or assaulted is to follow these steps.

First, you must seek medical attention immediately after the incident occurs. Medical professionals can examine you for physical injuries and internal damage. Many medical facilities have a rape kit available to collect DNA that can be used as evidence in your case. The medical records can also help your case.

Report your assault to the proper authorities. A local police department will work with you to file a police report. The National Sexual Assault Hotline (800-656-4673) can guide you through the steps necessary to file a police report. This hotline also serves as an exceptional resource to help you throughout the healing process.

After reporting the incident, it is time to explore legal options. Write down everything you remember about the incident if you can. Sometimes, trauma victims block out specific memories as time goes on, so this is the best way to have an accurate memory of the event.

Then, speak with our law office. Our experienced legal team can help guide gathering evidence, what documents can help, and what to expect during the legal case. Contact Injury Lawyer Team for a free consultation to discuss the status of your sexual abuse claim. Ensuring you have emotional support can help you through this devastating time. New York sexual abuse therapists can provide one-on-one counseling services to help you process the incident. For additional emotional support services, you can find a local branch of the New York State Coalition Against Sexual Assault. These professionals have years of experience working with trauma victims and can help give you the tools today that you need to thrive tomorrow.

Compensation for Sexual Abuse Victims

The purpose of these complex legal procedures is to seek financial compensation for legal damages. These losses fall into economic, non-economic, and punitive damages.

The first two categories can include lost wages, medical bills, future medical expenses, therapy costs, emotional distress, physical pain and suffering, and loss of enjoyment of life. Punitive damages are only awarded if malicious intent or extreme negligence was involved in your case.

Several factors will impact the settlement amount you qualify for. The severity of your injuries, the extent of your losses, the amount of evidence, and the skills of your New York sexual abuse lawyer can all affect the total compensation you receive if you win.

Liability in Sexual Abuse Cases

Many sexual abuse cases in New York involve establishing liability to be successful. Liability refers to the entity that is responsible for the legal damages suffered by the plaintiff. The defendant could be either an individual or an institution.

An institution may be liable for damages for several reasons. If they fail to respond to complaints, ignore incident reports, enact poor supervision practices, create an environment where sexual abuse can occur, or conduct insufficient background checks on employees, they could be responsible for a non-consensual sexual act.

Other legal principles could apply when you hold your abuser accountable. Vicarious liability is when one entity is held responsible for the actions of a separate but related entity.

Title IX could influence the outcome of sexual abuse at an educational institution. A rewrite of Title IX protects all students from sexual misconduct, harassment, and discrimination. Previously, students addressed sexual misconduct through avenues at the educational institution.

However, now students can hire a private law firm in New York like ours to help them fight for justice through court. Title IX also outlines the required avenues educational institutions must take to address complaints. Failing to do so makes the institution liable for damages.

The power dynamics at play in religious institutions create an environment rife with sexual abuse cases. Many automatically trust their children or family members with religious members and leaders.

However, there are multiple instances of religious leaders abusing their power and the trust placed in them to harm children. Sexual misconduct or abuse often occurs because people typically listen to others in an authoritative position, and predators abuse their power.

How to Prove a Sexual Abuse Case

Proving liability in a sexual abuse lawsuit requires evidence of four elements. These elements must be proven “more likely than not” to be true in a New York proceeding.

• Duty of care – The defendant has a duty toward the plaintiff to prevent harm.
• Breach of duty – The defendant’s actions violated that duty.
• Causation – There is a link between the actions of the defendant and the harm suffered by the victim.
• Damages – Legal damages resulted from the incident.

Your sexual abuse attorney will play a vital role in collecting evidence to prove these points. Legal professionals will dramatically increase your chances of success if you pursue justice.

How Our New York Sexual Abuse Lawyers Can Help

Our legal expertise will be crucial in seeking justice against the abuser. We assist with multiple steps in these legal proceedings to build a strong case and earn financial compensation. Here are some of the ways we can help with your case.

• Providing a free case evaluation to answer any questions you have about filing a sexual abuse claim.
• Assessing all your damages to determine a fair settlement amount for your suffering.
• Investigating the case to unearth all evidence that may support your claim and increase the chances of victory.
• Negotiating with the defendant and their lawyers to ensure maximum compensation is provided for your losses.
• Representing you in court to protect your rights under New York law.
• Providing the full resources of our legal team to ensure you have the best chance of succeeding with your claim.

The Time Limits for Filing a Claim in New York

In recent years, New York has dramatically expanded the statute of limitations on civil claims for sexual abuse or sexual assault. Specifically, the Child Victims Act of 2019 allows child victims of abuse or assault to file claims against their abusers until the age of 55.

Adult survivors can file claims up to three years after the incident in some cases, but more extreme forms of sexual assault allow for twenty years. New York is one of the most liberal states in terms of extended deadlines for civil claims related to sexual abuse or sexual assault.

Adult survivors of sexual assault have different statutes of limitations depending on when the abuse occurred. Cases before 2019 must follow previous laws that state the statute of limitations is three years. However, cases that occurred after 2019 can be filed up to 20 years after the abuse occurred.

We understand it’s challenging to understand the various laws and regulations regarding how long you have to file a case. Our knowledgeable New York attorneys will discuss your case with you to determine if you fall within the statute of limitations.

Contact a New York Sexual Abuse Attorney Today!

Whether your sexual abuse caused emotional distress, high medical bills, or ongoing mental anguish, you can seek legal advice from our team for the best course of action with a free, confidential consultation.

Call our law firm at 866-757-6452 or complete our contact form.

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