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New York Sexual Abuse Lawyer

New York Sexual Abuse Lawyer

Sexual assault and abuse are much more common than many people realize. According to RAINN, the nation’s largest anti-sexual abuse organization, one American is sexually assaulted every 68 seconds. Nine out of every ten victims of rape are women. Nearly one out of every six American women will be the victim of an attempted or completed rape in their lifetime. A majority of the victims of sexual abuse are minors. Indeed, Child Protective Services estimates that between 2009 – 2013, 63,000 children per year were the victims of sexual abuse.

If you or a loved one has been the victim of sexual abuse, there are a number of laws designed to help you. The perpetrators of sexual crimes can be held accountable through both criminal and civil claims. The New York sexual abuse lawyers at Gersowitz Libo & Korek, P.C. are here for you. They understand how traumatizing and life-altering it can be to survive sexual abuse. Nothing will stop them from holding perpetrators accountable and getting justice for their clients. Please know that you can reach out to them for a free and confidential case evaluation. Whether you just have legal questions or need someone to speak to about your situation we are here for you at 800-529-9997.

What Is Sexual Abuse?

Sexual abuse is a wide-ranging term that can cover a variety of different behaviors. Generally speaking, sexual abuse refers to unwanted sexual activity through threats, coercion, or the use of force. Most victims of sexual abuse know their assailants. It is very common for victims to experience shock, fear or disbelief in the aftermath of the assault. Sexual abuse can manifest in a variety of ways including:

  • Forced Sexual Intercourse
  • Unwanted Sexual Touching or Kissing
  • Sexual Contact With Minors, Whether Consensual or Not
  • Unwanted or Coerced Sexual Contact

All people should understand risk factors that can make them more vulnerable to sexual exploitation. According to the Centers for Disease Control, This can include alcohol and drug use, prior sexual victimization, a family history of conflict or violence, poverty, and a lack of employment opportunities. Still, it’s important to understand that anyone can become the victim of sexual abuse.

Who Can Be Liable For Sexual Abuse?

Depending on the specific facts of any case, there could be numerous liable parties for sexual abuse that takes place in New York. In most cases, the perpetrator can be held accountable through both a criminal and civil claim. Individuals are not able to bring criminal charges against perpetrators themselves. Instead, victims should talk to the police or the District Attorney and they can file charges. For a civil case, victims will need to contact a lawyer who can bring a lawsuit against the sexual abuser or a third party.

  • Foster Care: A county could potentially be held liable for the sexual abuse of children entrusted with their care. Counties have a statutory obligation to (1) place children in a safe foster home (Social Services Law § 398[6][g]), (2) supervise the children while they are in foster homes (Social Services Law § 398[6][h]), and (3) remove children from a foster home when doing so is necessary for their protection (Social Services Law § 400). Failure to do any of these could create the basis for a civil claim if a child is harmed.
  • Schools: As explained in Mirand v City of New York, “[s]chools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.” Failure to properly monitor children or school officials can be considered negligence if this leads to a child being sexually abused.
  • The Workplace: Title VII of the Civil Rights Act of 1964 makes it illegal for any employer to allow anyone in their workforce to be sexually harassed while at work regardless of the person’s sex, gender or sexual orientation.
  • Sexual Abuse By Medical Professionals: All doctors and healthcare professionals are bound to avoid intentionally causing harm to patients. Sexual abuse by healthcare providers is a violation of the New York State Penal Code. See, for example, New York State Penal Law 130. But far too often healthcare professionals sexually abuse patients. A healthcare provider’s employer could be vicariously liable for an assault. The employer may have failed to use reasonable care in supervising the employee. Or the employer may have failed to properly vet an employee with a history of sexual abuse complaints.
  • Churches: Religious organizations such as the Catholic Church may be liable for the acts of its clergy. Every religious organization must take reasonable steps to supervise employees and protect children. Sadly, though, many churches allow clergy members to continue their work in close proximity to children even when credible abuse allegations have been made.

Children are among the most vulnerable groups when it comes to sexual abuse. Many will not speak up about what is happening to them out of fear, guilt, or a sense of shame. It is important that doctors, healthcare providers, and parents are able to recognize potential signs that a child is being abused. A child may undergo sudden changes in their behavior through mood swings. This can manifest through fear, withdrawal, insecurity, or rage. Other children may develop fears of intimacy and will avoid being touched.

Getting Legal Help After Experiencing Sexual Abuse

If you or someone that you love has been the victim of sexual abuse, there are many resources at your disposal. You don’t have to go through your situation alone. Our team of highly experienced and compassionate New York sex abuse lawyers are here to help in any way that we can. We are committed to getting abuse victims the support and care that they are entitled to under the law.

The attorneys at Gersowitz Libo & Korek, P.C. understand how difficult and traumatizing it can be to go through sexual abuse. The decision to hire an attorney is extremely personal and one that we respect. You can rest assured that if you do call us everything that you share will be kept confidential. There is a reason that so many people across New York have chosen to hire us to advocate for them in their darkest hour. We do everything in our power to win for our clients and have recovered nearly $1 billion for them. Whether you just have legal questions or are thinking about hiring an attorney we are here for you. You can reach out to us anytime at 800-529-9997.

Read More:


Can I sue the Catholic Church if I was abused by a priest?+
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