Sexual Abuse Lawyer in New York City

Sexual violence is a devastating reality in New York City. In 2023, the NYPD reported 1,455 cases of rape. And these are just the known cases — unfortunately, many survivors never report their experiences out of fear or shame.

If you've been sexually abused, you may feel lost and alone. But it's important to remember that support is available to help you recover and pursue justice. Our New York sexual assault lawyers understand the trauma you're facing, and we'll guide you with compassion and relentlessly fight to protect your rights.

If you or someone you care about has been the victim of sexual assault, we're here to help. Call (212) 869-3500 today, or contact us online for a free, confidential consultation with a sexual abuse attorney.

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Common Types of Sexual Abuse and Assault

According to RAINN, a sexual assault happens somewhere in the United States every 68 seconds. Sexual assault takes many forms, but it usually boils down to sexual contact perpetrated without consent.

To be clear, consent must be given voluntarily, knowingly, and mutually. It is not enough for a person to be silent or not resist. There are also situations in which a person cannot legally consent, including when the victim is incapacitated, coerced, mentally disabled, intoxicated, or under the age of 17 (with exceptions).

Sexual violence can happen to anyone, regardless of gender identity, biological sex, race, ethnicity, or sexual orientation. And the perpetrator can be anyone in a person's life, including a family member, friend, teacher, or stranger.

Sexual Harassment

Sexual harassment typically involves sexually offensive remarks, unwanted advances, or sexual gestures. When it escalates to coerced sexual acts, it generally crosses into the legal definition of sexual assault. Both can form the basis of a civil claim.

Forcible Touching

Forcible touching occurs when a person uses force to touch another person's intimate body parts for purposes of sexual gratification or degradation. This includes grabbing, squeezing, or pinching. Additional criminal charges can apply when the contact occurs on public transit in New York.

Sexual Misconduct

Sexual misconduct occurs when a person engages in sexual intercourse, oral sexual conduct, or anal sexual conduct without obtaining consent. This form of abuse frequently occurs when someone in a position of authority, such as a doctor, employer, teacher, or religious leader, exploits that power over another person.

Oral and Anal Sexual Misconduct

Oral and anal sexual conduct are criminal acts when the perpetrator does not obtain consent. This consent cannot legally be given if a person 21 or older engages in such acts with a person under 17, or if a person 18 or older does so with a person under 15.

Rape

Rape under New York law occurs when a person engages in sexual intercourse without the other person's consent, with a person younger than 17 years old (unless there is no more than a 4-year age gap), or with a person who cannot consent due to mental incapacity or disability. There are no exceptions for aggravated sexual abuse when the victim is less than 11 years old.

Child Sexual Abuse

Child sexual abuse occurs when an adult, older adolescent, or authority figure engages in sexual conduct with a person under 18. New York recognizes that minors cannot legally consent to sexual activity with adults. Civil liability can arise not only from direct physical contact but also from grooming, coercion, exploitation, or prolonged exposure. Under the Child Victims Act of 2019, survivors can file civil claims until the age of 55.

Grooming

Grooming is a preparatory process in which a perpetrator gradually builds trust with a victim (or with their family) in order to gain access and create conditions for abuse. It can occur in person or online and most commonly targets children, though adults in vulnerable positions can also be targeted. Grooming is legally significant because it often precedes physical abuse and can itself support a civil claim when an institution failed to recognize or stop the pattern.

Non-Consensual Sharing of Intimate Images

New York law criminalizes the non-consensual distribution of intimate images, sometimes called revenge porn or image-based abuse. Under New York Penal Law Section 245.15, it is a misdemeanor to disseminate intimate images of another person without their consent with the intent to cause harm. Victims can also pursue civil claims for damages, including emotional distress, reputational harm, and financial losses.

Stalking and Cyberstalking

Stalking involves repeated harassing or threatening behavior directed at a specific person. When it occurs through digital or electronic means, such as messages, social media, or tracking software, it constitutes cyberstalking. Both can be sexual in nature and can support both criminal charges and civil claims for damages.

Sexual Exploitation

Sexual exploitation involves coercing or manipulating a person into sexual activity for the benefit or advantage of another, including non-consensual pornography distribution, sex trafficking, or situations where a person's vulnerability is leveraged for sexual purposes.

Elder Sexual Abuse

Sexual abuse of older adults is an underreported form of abuse that often occurs in nursing homes, assisted living facilities, or care settings where victims are physically dependent on others. It can involve exploitation, coercion, or assault by caregivers, staff, or other residents. Facilities that fail to prevent or report this abuse can be held liable.

If you are unsure whether what happened to you or a loved one falls within any of these categories, contact us. Our attorneys can review the facts and explain what legal options may be available.

What to Do After Sexual Assault

While it's vital to remember that you are not responsible for an assault, certain steps taken early can protect both your health and your legal options. The situation may feel impossible, but there are concrete actions you can take.

Prioritize Your Safety

Your physical safety comes first. If you are in immediate danger or being threatened, call 911. If you are not in immediate danger but feel unsafe at home or near the person who harmed you, move to a location where you feel secure, such as a trusted friend or family member's home, a shelter, or another safe space. Protective orders are also available through New York courts if you are concerned about ongoing contact from the perpetrator.

Seek Medical Care

Go to a hospital or clinic to get your injuries treated and preserve potential evidence. A sexual assault forensic exam (sometimes called a rape kit) can collect valuable DNA evidence. Try not to shower or change clothes beforehand to preserve the integrity of exam results.

Get Emotional Support

To mitigate the immediate trauma following sexual abuse, it's important to seek out emotional support. You can reach out to a trusted friend or family member or contact a crisis hotline. The New York State Coalition Against Sexual Assault (NYSCASA) offers confidential support at (800) 942-6906.

Consider Reporting

You have the right to report the assault to the police. This can initiate criminal proceedings, and even if you decide not to prosecute, it creates a formal record of the incident.

Seek Mental Health Care

Therapy and counseling are not a luxury after a trauma of this kind. Treatment for your mental health is part of recovery. To help you heal and avoid negative long-term effects, therapy or counseling can be crucial in processing trauma and supporting your recovery.

Contact a Sexual Abuse Attorney

A lawyer can explain your civil options, help you preserve evidence, and advise you on deadlines that may affect your ability to bring a claim. The sooner you reach out, the more options you have.

Where Institutional Abuse Happens

Sexual abuse can happen anywhere, but certain environments tend to create more opportunities for predators to exploit positions of power. Institutions and organizations can be held legally liable when they knew about abuse, failed to prevent it, or failed to act once it was reported.

• Schools and universities: Students of any age can be victims, with perpetrators ranging from teachers to coaches to other students. Institutions that ignore complaints or protect abusive staff can be named as defendants.
• Healthcare settings: Abuse can happen in hospitals, nursing homes, and doctors' offices, where patients are often physically and emotionally vulnerable. We are currently representing survivors in high-profile cases, including the civil lawsuit against Dr. Amir Sitafalwalla.
• Religious organizations: Pastors, deacons, and church leaders exploit positions of spiritual authority to groom and abuse victims of all ages. New York's Child Victims Act and the Adult Survivors Act expanded the legal window for survivors of clergy abuse to bring civil claims.
• Youth organizations: Sports teams, clubs, and mentorship programs can provide abusers with easy access to vulnerable children.
• Childcare facilities: Daycares, after-school programs, and other childcare settings can be sites of abuse when oversight is inadequate or complaints are dismissed.
• Workplaces: Abusers may be supervisors, coworkers, or clients, exploiting power dynamics or creating hostile environments. These situations are actionable under both New York State and New York City law.
• Correctional facilities: Incarcerated individuals are highly vulnerable to abuse by staff or other inmates. Facilities that fail to protect them can be held liable in cases including sexual assault in prison, police custody, and the FCI Dublin sexual assault cases.

It's important to remember that these institutions are not inherently unsafe. Abusers are solely responsible for their actions, and you have a right to expect safety and security. If you or someone you know has experienced institutional sexual abuse, our attorneys are here to listen and fight for justice.

Sexual Abuse Lawsuits: Criminal Cases vs. Civil Claims

Do not let your abuser or anyone else fool you. Sexual assault is a crime, and you have every right to pursue justice. Even if the government pursues a criminal case, you may also have the option of filing a civil lawsuit against your attacker and potentially others responsible for enabling the abuse.

A criminal case aims to punish the perpetrator through consequences like prison time and fines. The standard of proof is high: guilt beyond a reasonable doubt. As a survivor, you are a witness in a criminal case, not the party bringing it.

A civil lawsuit is brought by you, giving you direct control over the legal process. The goal is financial compensation. The standard of proof is lower: you must show it is more likely than not that the abuse occurred.

Why Pursue a Civil Lawsuit?

You might think that a criminal case is sufficient to achieve justice in your situation.

However, there are a few reasons why you should consider pursuing a civil case:

• Financial compensation: Survivors may be entitled to compensation to cover medical costs, therapy, lost wages, pain and suffering, and other losses.
• Holding parties accountable: Lawsuits can punish individuals, but they can also hold institutions accountable that were legally obligated to protect you from harm.
• Seeking closure: While money cannot undo trauma, a civil case can be an empowering tool for survivors to reclaim control of their lives.

A reputable sexual abuse attorney can help you pursue these goals and achieve justice in your case.

Building a Civil Case After Sexual Assault: Essential Elements

To win a civil sexual assault case, your legal team must prove several key elements:

• Intentional act: Your legal team must prove that the perpetrator deliberately engaged in a sexual act, physical or otherwise. However, an unintentional action committed in drunkenness is not a defense unless the perpetrator was inebriated against their will.
• Lack of consent: You must show that you didn't agree to the sexual act, which can be proven in various ways, including if you were physically unable to consent or if the perpetrator used coercion or threats.
• Losses: You and your attorney must demonstrate that you suffered harm as a direct result of the abuse. This harm can be physical, emotional, financial, or otherwise, and includes physical injuries, emotional distress, medical bills, and other potential losses.

Because your case can depend on so many factors that can be difficult to prove, consult with a sexual abuse attorney to make the best possible case.

Potential Defendants in Sexual Assault Lawsuits

Besides the perpetrator, other potentially liable parties include the following:

• Property owners or landlords have a duty to maintain safe premises and to prevent foreseeable acts of violence.
• Employers can be held liable when they fail to protect employees and take proactive measures against acts of violence.
• Institutions or organizations (e.g., a school or church) are negligent when they know of an alleged sexual assault and fail to report it or know of its threat but fail to act accordingly.

Your attorney can help identify all culpable parties and pursue legal action against anyone responsible for the crime committed against you.

The Gender-Motivated Violence Act: An Important Protection for New York Survivors

New York City's Gender-Motivated Violence Act (GMVA) provides survivors of gender-motivated violence with the right to bring a civil claim even when criminal charges are not filed or do not result in a conviction. The law covers acts of violence committed because of the victim's gender, and it allows survivors to seek compensatory and punitive damages, as well as attorneys' fees.

In 2022 and 2023, the GMVA was amended to create a two-year look-back window for claims that had previously expired under the statute of limitations. That window has now closed, but the GMVA remains an important avenue for recent and ongoing cases. If you believe your situation may qualify, speak with our attorneys about whether a GMVA claim applies to you.

Financial Compensation for the Harm Caused by Sexual Assault

While no amount of money can undo the trauma of a sexual assault, a civil lawsuit can help you reclaim financial compensation to aid in the costs of healing and rebuilding your life.

Economic Damages

Economic damages cover tangible losses such as:

• Medical expenses, past and future
• Therapy and mental health treatment
• Lost wages and reduced earning potential

Non-Economic Damages

Non-economic damages address the intangible impact of the abuse, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Punitive Damages

In cases involving particularly egregious conduct, courts may award punitive damages to punish the perpetrator and deter similar behavior. These are awarded in addition to compensatory damages and are most common when the defendant acted with deliberate disregard for the survivor's safety and dignity.

Settlement amounts and verdicts in sexual assault cases vary widely depending on the severity and duration of the abuse, the number of defendants, the financial resources of the responsible parties, and the strength of the evidence. Our attorneys will give you an honest assessment of what your case may be worth during your consultation.

NY Statute of Limitations on Filing a Criminal Claim or Lawsuit After a Sex Crime

Time limits apply to both criminal complaints and civil lawsuits. Missing a deadline can permanently bar your claim, which is why it is important to speak with an attorney as soon as possible.

Criminal charges:

• First-degree rape and predatory sexual assault of a child: No statute of limitations.
• Second-degree rape: 20 years.
• Third-degree rape: 10 years.

For civil suits in cases of rape, the time limit is 20 years, no matter the severity. In cases of sexual harassment, victims have up to three years to file a claim or lawsuit against the alleged offender. If victims wish to pursue civil action against negligent property owners, employers, or other parties, the statute of limitations is three years from the date of the sexual assault.

• Child sexual abuse: Under the Child Victims Act of 2019, survivors of childhood sexual abuse may file civil claims until age 55.
• Regarding the Adult Survivors Act: New York's 2022 Adult Survivors Act opened a one-year look-back window, allowing adult survivors to file civil claims for abuse that had previously expired under the statute of limitations. That window closed in November 2023. If you believe you had a claim under the ASA that you did not file in time, contact us, as there may still be other avenues available depending on the facts of your case.