In New York, victims of sexual abuse and assault are able to pursue justice through a civil case as well as a criminal case. Civil cases involving sexual abuse are about much more than getting monetary compensation. These cases are often the only way sexual abuse victims are able to hold the perpetrator accountable. Civil claims allow victims to obtain some measure of closure.
If you or a loved one is the victim of sexual abuse in New York, Gersowitz Libo & Korek, P.C. can help. Our NYC sexual abuse attorneys are trauma informed advocates and have extensive experience in aggressively representing sexual abuse victims. We are compassionate in fighting for victims of sexual assault and their loved ones.
Sexual assault is a broad term that can apply to a number of different offences. As such, it is important that New Yorkers understand the laws surrounding sexual assault in the state. Those who commit sexual assault should expect criminal prosecution by the state as well as a civil lawsuit by the victims.
Sex crimes are punishable under both New York and federal law. These crimes can fall under either a misdemeanor or felony classification depending on several factors. The most pertinent factor is the age of the victim at the time he or she was sexually abused.
In addition to criminal prosecution, sexual abuse victims can also hold offenders accountable by seeking compensation and justice through a civil claim. New York law allows any victim of sexual violence or assault to file a civil claim for damages, even in the absence of a criminal conviction or a police report. Victims may be eligible for monetary compensation for:
New York’s Legislature passed the Child Victims Act which allows victims of child sexual abuse a new window of opportunity to seek civil redress for the harm done to them. The law allows victims to seek prosecution against their abuser until the age of 55 in civil cases, a significant increase from the previous limit of age 23. For criminal cases, victims can seek prosecution until they turn 28 years old. The bill also includes a one-year window during which victims of any age or time limit can come forward to prosecute.
If you are a victim of sexual abuse or know someone who is, it is important to act now. You need to immediately consult with an experienced New York sexual abuse attorney to guide you and help you protect your legal rights under this new law.
The aggressive, yet compassionate, legal team at Gersowitz Libo & Korek, P.C. is dedicated to protecting sexual abuse victims by bringing their abusers to justice and getting them the full compensation they deserve for their injuries.
Unfortunately, sexual violence impacts thousands of men, women and children each year. New York law defines rape as causing someone to engage in sexual intercourse against his or her will. Situations where the victim is mentally incapacitated at the time of the sexual act, such as when the victim is too drunk to consent or is unconscious, may also be classified as rape.
Although rape is the most common type of sexual assault, New York also recognizes other kinds of sexual assault, including:
The most important thing you must do after being sexually assaulted is to immediately report it. Some victims may feel scared to report what happened in fear of retaliation, while other sexual abuse victims may just want to forget it ever happened. Both of these lines of thinking can be very dangerous. Failing to speak up about a sexual crime will increase the chances that the offender will continue his or her heinous crime to other victims. Speaking up about your experience will help prosecutors convict the offender and reduce the chances of the offender victimizing others in the future.
Reporting the sexual abuse will also help preserve the evidence to help bring the offender to justice. Victims of sexual abuse should immediately report the crime to the police to start an investigation to allow the best chances of success. After reporting the sexual assault to law enforcement and seeking medical treatment, the next step should be to contact a compassionate New York sexual assault attorney.
The legal team at Gersowitz Libo & Korek, P.C. is ready to fight for your rights. We have successfully handled numerous sexual abuse cases and know what it takes to get our clients the full compensation they deserve. Our success in obtaining monetary settlements proves how dedicated we are in obtaining the best settlement for you when you are injured and need help.
While the state will handle the criminal prosecution of the offender, an experienced NYC sexual abuse attorney will help you with a civil claim. The state prosecutor will help put the offender behind bars, while the civil action can help get you, the sexual assault victim, compensation for your damages.
If you or a loved one has been the victim of childhood sexual abuse, you may be entitled to monetary compensation. Although no amount of money will undo the harm caused, it can bring a sense of justice and closure for victims. For more information or to consult with an experienced NYC child sex abuse attorney, please call Gersowitz Libo & Korek, P.C. at 1-646-798-1535.