Rape is the most direct affront and violation that a person can withstand. Our lawyers have worked with many victims of rape and sexual assault and do so with the utmost empathy and compassion. The focus of our work is maintaining a person’s dignity while pursuing remedies against the perpetrators.
Sexual violence happens all too often in our city. In 2019, there were 1,755 reported rapes in New York City, according to the New York City Police Department (NYPD). Averaged out, that is 4 to 5 rapes (that we know of) each day. We also learned in 2019 that NYC law enforcement had been undercounting rape cases by 38% because the definition of rape was too narrow. We cannot even imagine how many more victims are out there who are simply too afraid or unwilling to go to the police. Victims of sexual assault should never endure the consequences alone. That’s where we come in. 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 tirelessly fight for your rights and interests.
Contact our sexual assault attorneys and sexual abuse lawyers at 212-869-3500, or if you prefer, fill out the form below. We will contact you to schedule a confidential consultation and help you begin reclaiming your life.
According to RAINN, every 73 seconds, a sexual assault happens somewhere in the United States. Sexual violence materializes in different ways, but in many cases, there is a lack of consent. Consent in New York means participants in sexual activity do so voluntarily, knowingly, and mutually. Consent can be given by words or actions so long as it creates explicit consent––it is not enough for a person to be silent or resist. Further, a person under seventeen cannot legally consent, but there are exceptions to this rule.
Keep in mind that sex offenders or sexual abusers can be anyone––a family member, family friend, friend, teacher, minister, or stranger. Sexual violence can also happen to anyone, regardless of sex, gender, race, ethnicity, sexual identity, or sexual orientation.
Common types of sexual violence, as defined by New York law, are briefly described below.
Sexual harassment can occur in the workplace and can involve superiors or co-workers sexually harassing someone. The harassment can take many forms, from sexual gestures to sexually offensive remarks to coerced sex acts.
Forcible touching occurs when the perpetrator either (1) forcibly touches (e.g., squeezing, grabbing, or pinching) another person’s sexual or intimate body parts for sexual gratification or to degrade or abuse the person.
Oral Sexual Conduct and Anal Sexual Conduct Are Criminal Acts When:
Sexual Misconduct Occurs When a Person Does Not Obtain Consent Before Engaging in:
This type of sexual violence occurs when a superior or person of authority takes advantage of another person. Examples include relationships between doctors and patients, teachers and students, employers and employees, priests/ministers, and parishioners. In the last few months, it has also come to light that leaders in the Boy Scouts of America abused their position of authority to sexually assault boys in their charge.
Rape occurs when the perpetrator engages in sexual intercourse:
Sexual abuse in New York is defined as making sexual contact with another person without that person’s consent. Sexual contact refers to a perpetrator touching the other person’s intimate or sexual body parts for sexual gratification, including molestation or a sexual act.
What you do after a sexual assault can make a difference in your health and overall well-being.
Following the above steps and then contacting our sexual violence legal team at the Jacob Fuchsberg Law Firm for legal advice is one of the best ways to protect yourself.
In a sexual assault, you are physically and mentally harmed by another person’s intentional act so that you can recover compensation for economic and non-economic damages via a civil case. Physical harm, however, is not necessary in order to suffer damages. Further, in some cases, other people or even an organization may also be held liable.
So, yes, you can sue your attacker and other liable parties.
To Succeed in a Personal Injury Claim or Civil Lawsuit Based on Sexual Assault, You Must Prove:
These elements must be proven by a preponderance of the evidence, meaning it more than likely happened. This standard of proof is lower than a criminal case where the prosecutor must prove that the defendant committed sexual assault beyond a reasonable doubt.
The one person most at fault for the sexual assault and personal injury is the perpetrator. Other potentially liable parties include:
The physical, mental, and emotional consequences of sexual assault are both immediate and long-term. You may suffer a bodily injury that requires medical treatment. But you’ll also need counseling and other treatment to address your emotional and mental health. Further, you may have to take time off from work. Even when you return to work, the effects of emotional distress, depression, or post-traumatic stress disorder may interfere with your ability to work.
All of these medical bills, medical expenses, and time off from work, add up financially. You deserve to get the help you need, and you should not have to suffer the financial consequences, too. At Jacob Fuchsberg Law Firm, we work relentlessly to ensure you get full and fair compensation for all the damages you may have suffered.
Statutes of limitations are the amount of time you have after an assault to file a complaint. As always, the deadlines vary per the facts and circumstances of your case.
We know how difficult sexual assault cases can be for you or your loved one. We also know that fighting for just, and fair compensation in a civil court is not an easy thing to do. But our lawyers can help guide you through this process. They are empathetic and good listeners and will fight for your rights as if they were a member of your family. Reach out to our legal team of lawyers who handle sexual abuse and assault cases.
We can be reached at 212-869-3500 to schedule a free case evaluation to learn more about your legal options. Rest assured, we are thorough. We are experienced. And we are committed.