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 employer can be held liable for negligent hiring, negligent training, negligent retention and negligent supervision.
In terms of damages, New York sexual assault lawsuits acknowledge that survivors of sexual assault often suffer severe and long-lasting physical, emotional, and psychological injuries. These injuries may include depression, anxiety, post-traumatic stress disorder (PTSD), and other conditions that can impact a survivor’s daily life and well-being. The Child Victims Act, Adult Survivors Act and Victims of Gender-Motivated Violence Protection Act law allow survivors to seek compensatory damages to cover past and future expenses related to the assault, including medical bills, therapy costs, lost wages, and other financial losses resulting from the assault.
In addition to compensatory damages, the sexual assault and sexual abuse lawsuits in New York also enable survivors to pursue punitive damages. Punitive damages aim to punish the abuser and deter others from engaging in similar behavior. These damages can serve as a form of justice for survivors and send a strong message that sexual assault will not be tolerated in society.
Human Trafficking Lawsuits in New York
Victims of human trafficking can file a lawsuit against the facilitators of human trafficking such as hotels, motels and truck stops. Most victims of human trafficking and sex trafficking are young girls and women, but, all ages and genders are coerced into commercial sex work. Victims of human trafficking are commonly recruited through social media apps like Instagram, TikTok, Snapchat and YouTube.
Traffickers control their victims by a variety of abusive methods including manipulation, emotional abuse, financial control, threats to commit Revenge Porn and even providing addictive drugs.
Victims of sex and human trafficking ensure deep trauma. In the past few years, there has been a growing trend to seek recourse of victims through lawsuits against businesses that facilitate human trafficking. All businesses open to the public are required to provide a safe environment–especially where human trafficking can occur. Any business that looks the other way or doesn’t prevent human trafficking on its property can be sued for negligence for monetary damages.
Contact Us Now For A Confidential Case Consultation
If you are considering pursuing a lawsuit under the Child Victims Act, Adult Survivors Act or Victims of Gender-Motivated Violence Protection Act it is crucial to seek the assistance of an experienced and compassionate attorney who specializes in sexual assault cases. A skilled and experienced attorney can provide you with guidance, support, and advocacy throughout the legal process, ensuring that your rights are protected and that you have the best chance of obtaining a favorable outcome.
The Child Victims Act, Adult Survivors Act or Victims of Gender-Motivated Violence Protection Act offer survivors of sexual assault a powerful tool to seek justice and hold perpetrators accountable. If you are considering filing a lawsuit under this legislation, hiring a knowledgeable and experienced lawyer is crucial to navigate the complex legal process and protect your rights. By choosing a lawyer with the right expertise, compassion, and advocacy skills, you can enhance your chances of obtaining a favorable outcome and reclaiming your power as a survivor.
We understand the sensitive nature of sexual assault cases and the unique challenges faced by survivors. We have extensive experience in handling such lawsuits and we are dedicated to fighting for justice on behalf of survivors. We will work tirelessly to build a strong case, gather evidence, and represent your interests.
If you or a loved one is a survivor of sexual assault and considering filing a lawsuit, then we are here to help. We offer free and confidential initial consultations to discuss your case, assess your legal options, and provide you with the guidance you need. Contact us today to schedule a consultation and take the first step toward seeking justice and healing.
Contact The Law Firm of Andrew M. Stengel
Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Case consultations are free and confidential, and you will speak with Andrew M. Stengel directly.
Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and throughout New York State.[/vc_column_text][/vc_column][/vc_row]