What Is Sexual Abuse Under New York Law?
Fortunately, the state of New York punishes an extensive range of sexual abuse and assault, deeming any non-consensual sexual contact/act a crime. Some examples include the following:
- Unwanted fondling, kissing, or bodily contact with sexual intent
- Forced masturbation
- Forced oral copulation
- Sexual acts achieved through coercion
- Sexual acts achieved through violence or the threat of violence
- Forcibly using a body part or foreign object to penetrate another person
- Engaging in a sexual act with a person who cannot legally give consent
Groups who are considered unable to grant consent in the eyes of the law include people under the influence of alcohol or drugs, those deemed physically helpless, those who do not have the mental ability to understand the acts are sexual, and children under the age of consent (in New York, the age of consent is 17, but this differs from state to state).
Please note that this list is not exhaustive. A good rule of thumb to determine whether you experienced sexual assault is whether you gave consent or not, and whether a reasonable person could see that the act was inappropriate. However, it is common for victims of sexual abuse and assault to be shaken up about what happened due to trauma and shock. It is, therefore, advisable to seek the help of a medical or legal professional to discuss what happened.
Legal Options for Survivors of Sexual Abuse in New York
In New York, sex abuse survivors can either file a civil case or a criminal case, or both, to hold their abuser accountable. If you are seeking to recover damages from your abuser for pain and suffering, medical bills, or the like, a civil case is likely the best option. Most victims pursuing a civil case do so with the help of a professional attorney.
On the other hand, victims pursuing a criminal claim will be minimally involved in the case against their abuser, as it will take the form of a legal battle between the abuser and the state of New York. If the abuser is found guilty, the result will be a conviction and prison time. Therefore, victims filing criminal cases will not be able to receive nearly as much compensation as they would from a civil case.
New York Statute of Limitations for Sexual Abuse
As with any legal claim, sexual abuse claims must be filed within New York’s statute of limitations, which greatly changes according to which form of sexual abuse you were subjected to. In some cases, the statute of limitations is as short as two years after the date of the abuse; in others, it can be as long as 20 years.
For childhood sexual abuse claims, the statute of limitations was recently updated via the Child Victims Act, which allows survivors of child sex abuse until the age of 55 to file a claim.
With such a variety of filing deadlines, it is advisable to consult with an attorney to determine which statute of limitations applies to your case.
10 Steps to Take to Help Your Loved One
If your loved one is a victim of sexual abuse in New York, you must take immediate steps to ensure their safety, well-being, and access to justice.
Here are the recommended steps to take:
- Ensure Safety: The safety and well-being of the victim should be the top priority. If they are in immediate danger, contact law enforcement or emergency services.
- Seek Medical Attention: Encourage your loved one to seek medical attention as soon as possible, even if there are no visible injuries. Medical professionals can document any evidence of abuse and address potential health concerns.
- Report to Law Enforcement: Report the sexual abuse to the police. Provide as much information as possible about the incident and any details regarding the perpetrator. Cooperation with law enforcement is crucial for a thorough investigation.
- Connect with Supportive Services: Encourage your loved one to seek support from organizations and agencies that specialize in assisting sexual abuse survivors. This may include local rape crisis centers, counseling services, or victim advocacy groups.
- Consult with a Sexual Abuse Lawyer: Reach out to a qualified sexual abuse lawyer to explore legal options. A lawyer, especially one experienced in handling sexual abuse cases, can provide guidance on pursuing justice and compensation.
- Document the Incident: Encourage your loved one to document the details of the incident as accurately as possible. This may include writing down what happened, preserving any evidence, and keeping a record of any communication with the perpetrator.
- Understand the Child Victims Act (CVA): If the victim is a child, be aware of the provisions of the Child Victims Act (CVA) in New York. The CVA extends the statute of limitations for child sexual abuse cases, providing an opportunity for survivors to seek justice.
- Support Emotional Well-being: Emotional support is crucial. Encourage your loved one to seek counseling or therapy to address the emotional and psychological impact of the abuse. Offer a supportive and non-judgmental presence.
- Follow Legal Proceedings: If your loved one decides to pursue legal action, support them throughout the legal process. This may involve providing information, attending court hearings, and cooperating with law enforcement and legal professionals.
- Stay Informed about Rights and Resources: Stay informed about your loved one's rights as a survivor and the available resources for support. Knowledge about available services and legal avenues can empower survivors and their families.
Our New York Sexual Abuse Attorneys Believe Survivors
The Zalkin Law Firm believes sex abuse survivors and has fought for their right to justice for more than two decades. We are committed to putting survivors first and always providing them with compassionate legal service free of any judgment. For our impactful work and unique approach to handling sexual abuse claims, we are often featured by reputable media outlets, such as The New York Times, CNN, The Boston Globe, CBS, and more.
Here are some advantages of choosing our firm:
- Expertise and Specialization: At The Zalkin Law Firm, P.C., we specialize in sexual abuse cases. Our legal team has extensive experience and expertise in handling these sensitive matters, ensuring that survivors receive dedicated and knowledgeable representation.
- Understanding of New York Laws: Our team is well-versed in New York's legal landscape, including the intricacies of the Child Victims Act (CVA) and other relevant statutes. We stay updated on changes in laws that may impact sexual abuse cases, ensuring that our clients' claims are pursued effectively.
- Compassionate Support: We recognize the emotional and psychological toll that sexual abuse can take on survivors. Our firm provides compassionate support throughout the legal process, understanding the sensitivity of these cases and prioritizing the well-being of our clients.
- Navigating the Legal Process: Filing a sexual abuse claim involves navigating complex legal procedures. Our team guides survivors through every step of the process, from gathering evidence to filing the necessary paperwork and representing them in court if needed.
- Advocacy for Maximum Compensation: Our goal is to secure the maximum compensation possible for survivors. We meticulously assess the damages suffered by our clients, including medical expenses, therapy costs, and emotional distress, and advocate for fair and just compensation in court or through negotiated settlements.
- Utilizing the Child Victims Act: With our understanding of the Child Victims Act, we leverage its provisions to extend the statute of limitations and provide survivors with an opportunity to pursue justice, even if the abuse occurred in the past.
- Institutional Accountability: If the abuse occurred within an institution, such as a school, church, or organization, we hold these entities accountable for their role in the abuse. Our firm has experience litigating against institutions and seeking justice on behalf of survivors.
- Confidentiality and Privacy: We prioritize the confidentiality and privacy of our clients. Our team takes measures to protect survivors from unnecessary exposure, allowing them to share their stories in a safe and secure environment.
When you are ready to discuss your case with a seasoned legal professional, The Zalkin Law Firm is here to help. Let us assist you in seeking the justice you deserve.
Contact The Zalkin Law Firm online today to schedule a free consultation with an award-winning New York sex abuse attorneys.
Our New York Office:
1441 Broadway, Suite 3147
New York, NY 10018
