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New York Prison Sexual Assault Lawyer

Many cases of sexual assault in prison may go unreported, but sexual abuse between inmates and prison staff is always wrong, and the perpetrator should be held accountable. If you or a loved one experienced sexual abuse in prison, contact Jacob D. Fuchsberg Law Firm for help.

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

Civil Rights

$2 Million

Prisoner loses her vision after the jail fails to provide proper medical care

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$3 Million

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

Civil Rights

$1.25 Million

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

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Our Trusted Prison Sexual Abuse Lawyer Helps Victims of Sexual Assault in Prison Restore Justice

Prison Sexual Abuse Lawyer

Sexual victimization is a prevalent form of violence in detention facilities across New York State, including anything from threats to prison rape. It’s illegal in New York for a prison guard or any other staff member to have any form of sexual conduct with a resident, whether the inmate consented or not.

Sexual assault in prisons isn’t limited to the abuse inflicted on inmates by staff; inmate-on-inmate sexual violence is also prevalent.

Prison sexual abuse is a human rights issue that can have significant impacts on the victim’s physical and mental health, including:

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

Prisoners who have been sexually assaulted may feel shame and blame themselves for the assault, but we are here to help you regain your dignity and find justice. Our New York-based prisoner abuse attorneys take cases across the country. 

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What Types of Sexual Assault and Sexual Abuse Occur in Prison?

Sexual relations of any kind are prohibited between incarcerated persons and prison guards or staff. Prison staff members are anyone working in an official capacity in the correctional facility, including guards, other employees, visitors, contractors, and regulatory officials.

Sexual relations include all forms of sexual contact, intercourse (vaginal and anal), and other sexual acts. Sexual contact is considered to be any contact with the breasts, upper inner thighs, vagina and vulva, anus, or penis, either with the other person’s body part, hands, or a foreign object.

Some of the most common ways that New York incarcerated victims may be sexually abused include:

  • Forced sexual acts, including prison rape
  • Penetration of the anus or vagina with a penis, finger, or another object
  • Threat or request for sexual activities made toward an inmate by a staff member or volunteer
  • Display of sexual body parts by a staff member
  • Voyeurism — an invasion of privacy for reasons other than official duties

Sexual assault in a correctional facility also includes any non-consensual touching of sexual areas of the body — directly or over the clothing — that is unrelated to official or medical duties, conducted with the intent to arouse or sexually gratify.

Unfortunately, sexual harassment is also common in New York correctional facilities.

Sexual harassment can include:

  • Unwelcome sexual advances or requests for sexual contact
  • Verbal comments or gestures that are obscene or derogatory

Prison officials also have a duty of care to prevent inmates from inflicting sexual abuse upon other inmates. Unfortunately, sexual assault of one inmate on another or sexual coercion is very common, and preventing sexual abuse is one of the main duties of care of prison guards.

When prison staff members fail to provide this duty of care, their failure can be construed as sexual misconduct or violating the victim’s rights to safety while incarcerated. 


Our Clients’ Reviews


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




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




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



Our Clients’ Reviews

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Get a Free Confidential Consultation with NY Prison Sexual Assault Lawyer Today

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

A New York prisoner 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 today 212-869-3500 or contact us online for a free, confidential lawyer consultation.

  • We are available to you 24/7

  • Compassionate in our approach

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Frequently Asked Questions

How long do I have to file a sexual assault or abuse claim in New York?

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Sexual assault claims for incidents in a New York correctional facility must be filed within 90 days of the occurrence. Furthermore, NYC law stipulates that detention facility abuse claims must be investigated and the investigation concluded within 90 days. (§ 5-02 Definitions Related to Sexual Abuse)

What if the prison staff member involved claims that the relationship was consensual?

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Both federal and New York state laws rule that any sexual relations between prison inmates and the correctional facility staff are a criminal offense. By their nature, prisoners cannot legally consent to sexual activity, even if the sexual act would have been considered consensual if it didn’t occur in prison. (See 18 U.S.C. § 2243 [c]; N.Y. Penal Law § 130.05.)

Which law established a zero-tolerance for rape and sexual assault in prison?

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The 2003 federal Prison Rape Elimination Act of 2003 (PREA) was established to prevent sexual violence in jails, prisons, and detention centers and to respond in a timely manner to complaints of abuse.