Jacob D. Fuchsberg Law FirmCivil RightsPolice Misconduct

New York Sexual Assault in Police Custody Lawyer

Unfortunately, it is not uncommon for police officers and law enforcement officials to sexually assault individuals who in their custody. If you or a loved one experienced sexual assault in police custody, contact an experienced New York police sexual assault lawyer at the Jacob Fuchsberg Law Firm today for a free consultation.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team

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Our Notable Civil Rights Verdicts & Settlements

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$3 Million

Firm settles largest inmate sexual assault claim against U.S. government in history

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Undisclosed

Inmate vision loss after jail fails to provide proper medical care

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$1.25 Million

Prostate cancer due to correctional facility’s failure to attend to medical needs

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Jacob Fuchsberg Lawyers Represent Survivors of Sexual Assault in Police Custody

Sexual assault in police custody is prevalent across the United States, and unfortunately, institutional failures often prevent the perpetrators of abuse from being held accountable. 

While in police custody, people are often especially vulnerable to abuse and manipulation due to being in an unfamiliar situation. Police also maintain substantial control over an individual in that moment, creating an environment with a significant power imbalance.

According to New York State Law, someone who is detained in police custody is incapable of consenting to sexual activity with an officer.

Victims of police sexual assault may feel shame or guilty for being in that situation, but we are here to support you and seek justice. Our New York police sexual assault attorneys can help you bring a claim against the departments and offices responsible for and complicit in your abuse. 

At the Jacob Fuchsberg Law Firm, we know first-hand how devastating sexual assault can be for the victim and the victim’s family. We take all measures to protect our clients while we fight for your rights and interests.

Call (212) 869-3500 or contact us online to speak with an experienced New York sexual assault attorney at our firm today for a free initial consultation.

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What Types of Sexual Abuse Can Occur While in Police Custody?

According to the Department of Justice, law enforcement officers cannot engage in nonconsensual sexual contact with persons in their custody. If an individual did not consent to the officer’s actions, then the officer can be held accountable for deprivation of liberty without due process of law. 

However, Section 130.05 of New York State Law specifies that a person is deemed incapable of consent if they are detained or otherwise in custody of a police officer, peace officer, or other law enforcement official and the actor is a police officer, peace officer, or other law enforcement official who maintains custody of such person. 

Thus, any form of sexual contact between a person in custody and a law enforcement or police officer is considered a sexual offense in New York State. 

Some of the most common ways that individuals in police custody may be sexually assaulted include but are not limited to: 

  • Forced sexual acts, including rape
  • Penetration of the anus or vagina with a penis, finger, or another object
  • Threat or request for sexual activities
  • Display of sexual body parts by a staff member
  • Other forms of sexual harassment such as unwelcome advances or derogatory verbal comments and gestures

Our New York sexual assault lawyers have worked with many victims of rape and sexual assault and do so with the utmost empathy and compassion, and work tirelessly to maintain your dignity while pursuing remedies against the perpetrators.

Prevalence Sexual Abuse in Police Custody

Unfortunately, police officer sexual assault is not uncommon among people in custody, and in instances where sexual assault is reported, thorough investigations are rarely performed. 

In a recent study, experts found that officers often take advantage of opportunities provided through situational contexts such as traffic stop encounters, encounters with minors, or encounters with vulnerable populations such as domestic abuse survivors or sex workers. 

In most cases, officers will use force or coercion to persuade an individual to engage in a sexual act.

Common examples of police officer sexual abuse include: 

  • Suggesting trading sexual favors for legal favors such as avoiding a ticket or jail
  • Forced sexual contact with an individual restrained in handcuffs
  • Victimizing or taking advantage of domestic violence survivors 
  • Sexual assault during a traffic-stop or during arrest
  • Other unwanted sexual conduct 

The New York Police Department (NYPD) has received scrutiny for failing to prevent sexual misconduct committed by police officers against people in police custody. 

As a result, in 2022 the Justice Department announced that it would be performing a comprehensive review of policies, procedures, and training, of the NYPD with emphasis on the Special Victims Division to assess how NYPD interacts with survivors of sexual assault. 

The Violent Crime Control and Law Enforcement act of 1994 (commonly known as the Crime Bill) prohibits the state and local government from allowing law enforcement officers to engage in conduct that deprives individuals of rights protected by federal law. The Act allows the Justice Department to remedy misconduct through civil litigation. 

We can represent you in a civil suit and help hold the officer and facilities responsible for your abuse accountable. 

Filing a Police Sexual Assault Lawsuit 

If you or a loved one have been sexually assaulted by a New York police officer while in police custody, contact the Jacob Fuchsberg law Firm for a free initial consultation. 

Typically, victims have 3 years from the date of the incident to bring negligence claims against the agencies or individuals that negligently allowed the assault to occur. However, it is important to note that notices must be filed within 90 days of the incident when a municipal or state agency was involved. In New York State, assault and battery claims have a 1-year statute of limitations. 

Until November 24, 2023, the New York Adult Survivors Act provides a temporary one-year window for survivors of adulthood sexual abuse to bring claims forward that otherwise would have been barred by the statute of limitations.

While in custody, you still maintain civil rights and protections. Nonconsensual sexual contact is prohibited by federal law, and New York State considers a person detained in police custody incapable of consenting to sexual contact with an officer. 

Sexual abuse is never your fault. We will investigate your claim and hold the responsible parties accountable. 

Sexual assault can have significant impacts on a victim’s physical and mental health, including but not limited to: 

  • Depression and situational anxiety
  • Suicidal ideation or self-harm
  • Sexually transmitted diseases
  • Unwanted pregnancies
  • Diminished quality of life

The Sexual Abuse Lawyers at the Jacob Fuchsberg Law Firm provide discreet, confidential investigation into your claim, and will tenaciously fight to hold the responsible parties accountable. 

We can also help you bring a suit against the departments and facilities that were knowledgeable and complicit in your abuse. 

The Jacob Fuchsberg Law Firm has a proven track record of success, including obtaining the largest publicly available settlement against a federal agency for sexual assault. 

Contact Attorney Jaehyun Oh for a free and strictly confidential consultation to discuss your rights. 

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Our Clients’ Reviews

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I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

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Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

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Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price

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5

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Contact Our Sexual Assault in Police Custody Lawyers for a Free Consultation

All sexual abuse and assault survivors deserve compassion, support, and justice. If you or a loved one has experienced sexual abuse or harassment while in police custody, we can help. You have the right to safety while you are incarcerated, and sexual abuse of prisoners is illegal.

A New York police abuse attorney at the Jacob D. Fuchsberg law firm will listen to you with respect and treat your complaint with dignity. We can help you file a lawsuit against the perpetrator and the facility that permitted the unsafe conditions to persist.

Call (212) 869-3500 today or contact us online for a free, confidential lawyer consultation.

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