Sexual Abuse Attorney in New York
If you or someone you know has experienced the trauma of sexual assault or sexual abuse, it is crucial to understand that you have legal rights and options available to seek justice and compensation for the unimaginable harm that suffered. Hiring a compassionate and experienced lawyer who specializes in handling sexual assault cases makes a world of difference in the pursuit of justice.
We stand by survivors of sexual assault, recognizing their immense strength and resilience in coming forward to seek justice. If you have experienced the profound trauma of sexual assault or sexual abuse, our firm’s mission is to support every survivor’s journey toward accountability. We are compassionate and experienced attorneys who specialize in representing survivors of sexual assault and sexual abuse, providing unwavering support and determined advocacy.
In recent years, the legal framework surrounding sexual assault cases has undergone important changes to empower survivors and provide them with a more favorable environment to seek justice. One significant development is the New York Child Victims Act, which was signed into law on February 14, 2019. This Child Victims Act, which applies to people who were less than 18 years old at the time of the sexual assault or sexual abuse, extended the statute of limitations for survivors of childhood sexual abuse, allowing them more time to file lawsuits seeking monetary damages. In addition, the New York Adult Survivors Act, which was signed on May 24, 2022, opened a one-year window for victims to sue for sexual assault and sexual abuse, which ends on or about November 23, 2023. The Adult Survivors Act, which applies to people who were at least 18 years old at the time of the sexual assault or sexual abuse, also extended the statute of limitations after the one-year window closes. Finally, New York City has additional protections for victims of sexual assault under the Victims of Gender-Motivated Violence Protection Act, which does not have an age limit.
New York’s Child Victims Act
New York Child Victims Act, defined in CPLR 214-g, is a crucial piece of legislation aimed at providing justice and support to survivors of childhood sexual abuse. Enacted on August 14, 2019, the Child Victims Act represents a significant step forward in addressing the widespread issue of child abuse and granting survivors who were less than 18 years old the opportunity to seek legal remedies and accountability against their abusers. The Child Victims Act acknowledged that survivors of childhood sexual abuse may require significant time to come to terms emotionally and otherwise with the trauma they endured. The comprehensive law extends the statute of limitations for filing civil lawsuits and expands the avenues for survivors to pursue justice and compensation. The scope of sexual assault and abuse cases that can be pursued under the Child Victims Act is quite broad. If an individual was under 18 years old and the abuser committed one of the two dozen crimes categorized as Sexual Offenses in Article 130 of the New York State Penal Law, or engaged in Incest or the Use of a Child in a Sexual Performance, there are grounds for filing a lawsuit under the Child Victims Act.
Prior to the enactment of the Child Victims Act, survivors of childhood sexual abuse faced significant barriers when seeking justice. The prior statute of limitations in New York placed strict time limits on filing lawsuits, often leaving survivors without a legal remedy once they reached a certain age. This created an unjust system where many survivors were unable to seek justice for the harm they endured.
New York’s Child Victims Act addresses this issue by significantly extending the statute of limitations for childhood sexual abuse cases. The Child Victims Act extended the statute of limitations for future child sexual abuse cases. Previously, survivors of childhood sexual abuse had until their 23rd birthday to file a lawsuit. However, the Child Victims Act raised the age at which survivors can initiate legal action to 55 years old. This extension provides survivors with a significantly longer time frame to come forward, seek justice, and hold their abusers accountable.
Another essential aspect of the Child Victims Act is its emphasis on protecting survivors during legal proceedings. The Child Victims Act prohibits confidentiality agreements in settlement agreements, thereby preventing institutions from silencing survivors with non-disclosure agreements. This provision promotes transparency and helps shed light on the systemic issue of child sexual abuse, encouraging survivors to come forward and share their experiences without fear of retribution.
In terms of damages and compensation, the Child Victims Act offers survivors the opportunity to seek both economic and non-economic damages. Economic damages may include medical expenses, therapy costs, lost wages, and other financial losses resulting from the abuse. Non-economic damages cover the emotional and psychological harm endured by survivors, including pain and suffering, loss of enjoyment of life, and mental anguish.
It is crucial for survivors of child sexual abuse to seek legal counsel from experienced attorneys who specialize in this area of law. These attorneys can provide personalized guidance, explain the legal process, and advocate for survivors’ rights. They understand the sensitive nature of these cases and work diligently to support survivors throughout their journey toward justice and healing.
In total, the New York Child Victims Act represents a significant stride forward in addressing child sexual abuse and empowering survivors to seek justice. By extending the statute of limitations, opening a look-back window, and enhancing survivors’ access to legal remedies, the Act aims to right the wrongs of the past and prevent future abuses. It is a testament to the commitment of New York State to protect and support survivors of child sexual abuse, ensuring that they have the opportunity to heal, seek justice, and hold their abusers accountable.
New York’s Adult Survivors Act
New York Adult Survivors Act, CPLR 214-j, is another significant piece of legislation designed to empower adult survivors of sexual assault and provide them with an avenue for seeking justice and accountability. Enacted on May 24, 2022, this law extends the statute of limitations to 20 years for filing lawsuits and allows adult survivors of sexual assault and sexual abuse to pursue legal action against their abusers and those who enabled the abuse.
Prior to the Adult Survivors Act, adult survivors of sexual assault and sexual abuse faced considerable obstacles when seeking legal recourse. The statutes of limitations in New York were quite limited for survivors to file civil lawsuits, often leaving them without a legal remedy once the short period expired. This prevented many adult survivors from pursuing justice for the harm they endured.
The Adult Survivors Act addresses this issue by significantly extending the statute of limitations for adult survivors of sexual assault and sexual abuse. Under the Adult Survivors Act, survivors who are at least 18 years and where the state of limitations has expired have a one-year window of opportunity to file a lawsuit, ending on or about November 23, 2023. This one-year revival period allows survivors to pursue legal action even if the previous statute of limitations had expired, granting them an additional chance to seek justice for the trauma they experienced.
The types of sexual assault that fall under the Adult Survivors Act include a wide range of crimes outlined in New York’s Penal Law, specifically those listed under sex crimes under Article 130 and crimes of incest. Some of the charges that apply to the Act include rape, sexual abuse, criminal sexual acts, and various degrees of sexual misconduct. By encompassing these offenses, the Adult Survivors Act ensures that survivors have the opportunity to hold their abusers accountable for their actions.
New York City’s Victims of Gender-Motivated Violence Protection Law
Victims of sexual assault and sexual abuse in New York City, have additional rights to seek justice and hold the perpetrator accountable. The New York City Victims of Gender-Motivated Violence Protection Law is significant legislation designed to protect and empower survivors of gender-motivated violence, including sexual assault and sexual abuse.
Like the Adult Survivors Act, the New York City Victims of Gender-Motivated Violence Protection Law (“VGMVL”) opened a two-year lookback window on March 1, 2023. That means that a person who was a victim of sexual violence in New York City may file a lawsuit under the GMVA until or about March 2, 2025.
The New York City Victims of Gender-Motivated Violence Protection Law, enacted to combat gender-based violence, aims to provide survivors with additional legal recourse and protections. This law recognizes that survivors of sexual assault and other forms of gender-motivated violence face unique challenges and deserve specialized support.
The Victims of Gender-Motivated Violence Protection Law expands upon existing legal protections for survivors in New York State Law and ensures that they have access to the necessary resources and avenues for seeking justice. The law recognizes a broader range of gender-based violence, including sexual assault, rape, domestic violence, stalking, human trafficking, and more. The Victims of Gender-Motivated Violence Protection Law acknowledges that these acts are rooted in systemic gender-based discrimination and seeks to address the unique harm caused by such violence.
One of the key provisions of the Victims of Gender-Motivated Violence Protection Law is the relatively long statute of limitations for survivors to file civil lawsuits, which is 7 years. Recognizing that survivors may need more time to come forward and seek legal remedies due to the trauma and emotional impact of gender-motivated violence, the law allows for an extended period to file a civil lawsuit.
The New York City Victims of Gender-Motivated Violence Protection Law is a crucial piece of legislation designed to combat gender-based violence and provide legal protections to survivors. Enacted to address the unique challenges faced by survivors of gender-motivated violence, including sexual assault, the VGMPL aims to empower individuals and hold perpetrators accountable for their actions.
By enacting the Victims of Gender-Motivated Violence Protection Law, New York City created a legal framework that supports survivors and sends a clear message that gender-based violence will not be tolerated. The law seeks to promote justice, empower survivors, and hold perpetrators accountable for their actions.
Overall, the New York City Victims of Gender-Motivated Violence Protection Law is vital legislation in the fight against gender-based violence. It serves as a beacon of hope for survivors, offering them legal recourse, support, and the opportunity to seek justice in the face of gender-motivated violence.
Sexual Assault and Sexual Abuse Lawsuits
It is important to note that the Child Victims Act, Adult Survivors Act and Victims of Gender-Motivated Violence Protection Act not only enable survivors to sue the individual responsible for the sexual assault but may also extend liability to the abuser’s employer, where applicable. This means that if the assault occurred within the context of one’s employment or a professional or educational setting, survivors may pursue legal action against both the abuser and their employer, holding them accountable for their negligence or complicity in the assault.
When filing a lawsuit for sexual assault or sexual abuse in New York there are typically two types of legal allegations involved: intentional and negligent. The intentional allegation focuses on the sexual assault crime committed against the survivor and forms the basis of the lawsuit. This means that the plaintiff will state the specific crime, such as rape, sexual abuse, or criminal sexual acts, as the grounds for their legal action.
On the other hand, the negligent allegation is usually directed toward the employer of the person being sued. Negligence refers to the failure to exercise a reasonable level of care that a prudent person would have exercised under similar circumstances. To demonstrate negligence, plaintiff’s attorney must establish that the employer knew or should have known about the abuser’s propensity for sexual assault and failed to take appropriate action to prevent it. In addition, an emplo