Sexual abuse is one of the worst crimes a person could commit. Civil and criminal trials are often necessary to obtain the justice victims deserve and to protect other individuals from the abuser’s future actions. Making the choice to pursue financial compensation from an abuser is a deeply personal one. Still, you do not have to go through it alone. Our New York City sexual abuse lawyer can help you file your claim and obtain the full compensation you deserve, as well as possible closure.
Understanding Sexual Abuse and Sexual Assault
Sexual abuse affects thousands of people across New York every year. Many victims suffer in silence, unsure of their rights or how to seek justice. Sexual assault and other forms of sexual violence leave lasting physical and emotional scars that require proper support and legal guidance.
Sexual misconduct encompasses a wide range of harmful behaviors. From unwanted sexual contact to more severe sex crimes, each case deserves serious attention. An experienced sexual assault attorney understands the sensitivity required when handling these cases and can guide you through the legal process with care.
Types of Sexual Abuse
For many years, this type of abuse was discounted or ignored, largely because victims felt too much shame or fear to come forward. In recent years, though, more people have been coming forward and filing sexual abuse lawsuits, empowering others to do the same. Sadly, sexual abuse takes many forms. Verbal, physical, and emotional attacks of a sexual nature all constitute abuse. The most common types of sexual abuse are as follows:
- Sexual exploitation
- Sexual harassment
- Voyeurism, including watching a person in a sexual manner when they did not give their consent, or secretly watching others engage in sexual activity
- Unwanted sexual advances, including fondling, touching, kissing, or any other sexual act, whether violence is involved or not
- Non-consensual exposure to pornography
- Recording explicit images of a person when they are unaware
- Displaying explicit images of a person in a public display when they were taken in a private context
- Rape, including date rape
Recognizing Different Forms of Sexual Violence
Sexual violence includes any unwanted sexual conduct forced upon another person. Forcible touching, oral or anal sex without consent, and sexual intercourse performed against someone’s will all constitute serious criminal offense violations. Understanding these distinctions helps victims recognize when their rights have been violated.
Predatory sexual assault represents some of the most serious sex crimes in New York. This category includes aggravated sexual abuse and other acts where the alleged offender takes advantage of someone unable to consent due to age, mental disability, or incapacitation.
Child Sexual Abuse and Protection
Child sexual abuse causes profound trauma that can last a lifetime. Child victims often struggle to process what happened to them, making it difficult to come forward. Child sex crimes include any sexual contact with a minor, production or distribution of child pornography, and any sexual act involving a child under the age of consent.
Many child victims were harmed by trusted adults in positions of authority. Teachers, coaches, clergy members, and even family member figures have been accused of exploiting their access to vulnerable child populations. The Catholic Church has faced numerous claims regarding abuse by priests and inadequate institutional responses to protect child congregants.
Child victims deserve specialized support as they seek justice. Their cases require attorneys who understand the unique challenges of representing young survivors and can handle these sensitive matters appropriately.
The Child Victims Act and Your Rights
The Child Victims Act was passed by the New York State Legislature on January 28, 2019. Under this law, victims who experienced sexual abuse as a child can file a claim for compensation against their abuser until they reach the age of 55. In the past, victims of childhood sexual abuse had only until they turned 23 years of age to file a claim.
The Child Victims Act opened a lookback window that allowed adult survivors to file civil lawsuit claims for abuse that occurred long ago. This groundbreaking legislation recognized that many sexually abused individuals need time to process their trauma before they feel ready to pursue justice.
Understanding the statute of limitations is important for anyone considering legal action. While the Child Victims Act extended time limits significantly, consulting with a sexual abuse attorney promptly ensures you don’t miss critical deadlines. The statute of limitations varies depending on whether you’re filing a civil claim or cooperating with criminal charges.
Who Can File a Sexual Abuse Claim
Any person who has been sexually assaulted or sexually abused can file a civil lawsuit to seek justice and financial compensation. This includes child victims, adults who were abused as children, and adults who experienced sexual assault or sexual harassment more recently.
Survivors of abuse committed by religious figures, particularly within the Catholic Church, have filed numerous successful claims in New York. These cases often involve institutional cover-ups where organizations failed to protect vulnerable individuals from known abusers.
Family member abuse presents unique challenges. When the alleged offender is a relative, victims may face pressure to remain silent. However, representing survivors of intrafamilial sexual abuse is a practice area where experienced attorneys can provide both legal guidance and emotional support.
Sexual Assault in Different Contexts
Sexual assault happens in many settings. Workplace sexual harassment that escalates to physical sexual contact creates both hostile work environments and potential criminal charges. Date rape and acquaintance sexual assault remain common, despite increased awareness campaigns.
Sexual violence based on sexual orientation or gender identity represents hate-motivated crimes. Victims targeted because of their identity deserve legal representation that understands both the abuse itself and the discriminatory context.
Forcible touching and other forms of unwanted sexual contact may seem less severe than rape or oral or anal sex without consent. However, any unwanted sexual conduct performed for sexual gratification without person’s consent constitutes a violation of bodily autonomy and dignity.
What Compensation is Available for Sexual Abuse
As with other personal injury claims, the goal of a sexual abuse civil case is to make a victim whole to the fullest extent possible. It can be very stressful for victims and their families to place a dollar amount on the trauma they have experienced. Still, it is vital to work with a lawyer who can establish the amount of compensation you deserve so you can recover everything you deserve. The most common types of damages available in sexual abuse cases are as follows:
- Medical expenses
- Lost income
- Therapy expenses
- Pain and suffering
- Emotional distress, including post-traumatic stress disorder
- Reduced quality of life
- Loss of ability to cope during work and other daily activities
- Loss of companionship and society
- Damage to a reputation
- Punitive damages
When claiming damages, it is important to not only consider your current losses, but any losses you will incur in the future, as well.
Medical and Therapy Costs
Victims of sexual abuse often require extensive medical treatment and ongoing therapy. Medical bills can accumulate quickly when addressing both physical injuries and psychological wounds. Ongoing therapy sessions help survivors process their trauma and develop coping strategies for daily life.
Financial compensation should cover all medical expenses related to the abuse. This includes emergency room visits, examinations by specialists, prescription medications, and long-term mental health treatment. Many victims will need support for years or even decades after the abuse occurred.
Lost Income and Economic Damages
Sexual abuse often impacts a victim’s ability to work and earn a living. Lost wages from missed work during recovery or court proceedings represent real economic harm. Some victims struggle to maintain employment while processing their trauma, leading to longer periods of reduced income.
Economic damages in sexual abuse cases extend beyond immediate lost wages. Career advancement opportunities may be missed, educational goals disrupted, and earning potential permanently reduced. A thorough evaluation by sexual assault lawyers ensures all economic impacts are properly valued.
Punitive Damages in Sexual Abuse Cases
Punitive damages serve to punish particularly egregious conduct and deter future abuse. When an alleged offender acted with malice or extreme indifference to the rights of others, courts may award punitive damages beyond compensatory amounts.
These damages send a message that sexual violence will not be tolerated. They also provide additional financial compensation that acknowledges the severity of the abuse and its impact on the victim’s life. Not all cases qualify for punitive damages, but an experienced New York sexual abuse attorney can assess whether they apply to your situation.
The Role of Criminal and Civil Cases
Criminal charges and civil lawsuit actions serve different purposes. Criminal offense prosecutions seek to punish the alleged offender through imprisonment or registration as a sex offender. The burden of proof is high, requiring evidence beyond a reasonable doubt.
Civil claim actions focus on financial compensation for victims. The burden of proof is lower—requiring only a preponderance of evidence—making it possible to pursue justice through civil courts even when criminal charges weren’t filed or didn’t result in conviction.
Many victims pursue both criminal charges and a civil lawsuit simultaneously. Criminal proceedings can provide documentation and testimony useful in civil cases. Working with a law firm experienced in both areas ensures your best interests are protected throughout all proceedings.
Why Victims Choose Civil Lawsuits
A civil lawsuit empowers victims to take direct action against their abuser. Rather than waiting for prosecutors to act, survivors can file civil claim actions on their own timeline. This control over the legal process helps many victims regain a sense of agency.
Civil actions also allow victims to seek justice against institutions that enabled the abuse. Schools, churches, youth organizations, and employers can be held accountable through civil lawsuit filings when they failed to protect vulnerable individuals or covered up known abuse.
The financial compensation obtained through civil actions serves practical purposes. It covers medical expenses, medical bills, therapy costs, and lost wages. It also provides validation that the abuse was real and that the survivor deserves support.
Working with Sexual Assault Lawyers
Sexual assault lawyers provide more than legal expertise. They offer compassionate support that helps victims feel heard and respected throughout the legal process. The right legal team treats clients with dignity while aggressively pursuing claims on their behalf.
Choosing among sexual assault attorneys requires finding someone who understands trauma-informed representation. Representing survivors of sexual violence demands patience, sensitivity, and a commitment to putting the clients’ needs first at every stage.
A qualified New York sexual abuse law firm maintains expertise in this practice area specifically. General personal injury attorneys may lack the specialized knowledge needed to handle sexual abuse cases effectively. Look for a legal team with a proven track record in this field.
Free Consultation and Initial Steps
Most sexual abuse attorney practices offer a free consultation to discuss your case. This initial meeting allows you to share your story, ask questions, and determine whether the law firm is the right fit. A free consultation involves no financial obligation or commitment.
During your free consultation, the attorney will explain your legal options, discuss the statute of limitations, and outline what to expect if you decide to pursue justice. This is also an opportunity to assess whether you feel comfortable working with this particular legal team.
To seek legal advice, you don’t need to have all the details figured out. The attorneys will help you understand what information is needed and guide you through gathering documentation. The most important first step is reaching out to a law firm that can help.
How Sexual Abuse Attorneys Build Strong Cases
Building a strong case requires thorough investigation and documentation. Sexual abuse attorney professionals gather medical records, witness statements, and any available evidence of the abuse. They may work with investigators to uncover additional information about the alleged offender’s history.
Expert witnesses often play an important role in sexual abuse cases. Mental health professionals can testify about trauma and its effects. Medical experts can document physical injuries and explain how they’re consistent with sexual assault or abuse. These experts help establish both that abuse occurred and its impact on the victim.
The legal team also researches the alleged offender’s background. Previous complaints, other victims, and patterns of behavior can strengthen your case. Many abusers have multiple victims, and connecting with other survivors can provide corroborating evidence.
Understanding Sex Crimes and Criminal Offense Categories
Sex crimes in New York encompass various criminal offense classifications. Rape, predatory sexual assault, aggravated sexual abuse, and sexual misconduct each carry different legal definitions and penalties. Understanding these categories helps victims know what their abuser may face.
Forcible touching is often charged as a misdemeanor, while rape and predatory sexual assault are felonies. Child sex crimes carry enhanced penalties, and sex offender registration requirements vary based on the criminal offense category.
Even if criminal charges result in acquittal, victims can still pursue justice through civil courts. The different standards of proof mean that civil lawsuit claims may succeed where criminal prosecutions did not.
Statute of Limitations Considerations
The statute of limitations determines how long you have to file your claim. Thanks to the Child Victims Act, child victims now have until age 55 to file civil claim actions. For adult victims of recent abuse, different time limits apply depending on the type of claim.
New York has extended the statute of limitations for many sex crimes in recent years. These changes reflect growing understanding of how trauma affects victims’ ability to come forward. However, time limits still exist, making it important to consult with a sexual abuse attorney as soon as you’re ready.
Some claims against institutions may have different statute of limitations deadlines than claims against individual abusers. The Child Victims Act lookback window has now closed, but other paths to justice may remain available. An experienced law firm can analyze your specific situation.
The Impact of Sexual Abuse on Daily Life
Sexual abuse affects every aspect of a victim’s life. Relationships with friends and family members may suffer. Work performance often declines as survivors struggle with concentration and emotional regulation. Simple daily activities can become overwhelming.
Many victims experience flashbacks, nightmares, and anxiety that interfere with sleep and functioning. Trauma from sexual violence can lead to depression, substance abuse problems, and difficulty trusting others. These effects may persist for years without proper treatment and support.
Ongoing therapy helps survivors develop coping strategies and process their experiences. However, therapy cannot fully erase the harm done. Financial compensation acknowledges that abuse has fundamentally altered the victim’s life trajectory in ways that deserve recognition and support.
Catholic Church Abuse Cases
The Catholic Church has faced widespread abuse scandals involving priests and other religious figures. Many child victims were sexually abused by clergy members who used their religious authority to manipulate and silence them. The Catholic Church hierarchy often failed to report abuse or moved accused priests to new parishes.
Survivors of Catholic Church abuse have filed thousands of claims across New York and nationwide. These cases often involve institutional cover-ups where church officials prioritized protecting the institution over protecting child parishioners. Many cases involve abuse that occurred decades long ago.
The Child Victims Act allowed many Catholic Church abuse victims to finally file civil lawsuit actions they were previously time-barred from pursuing. Dioceses across New York have faced significant financial liability as survivors have come forward to seek justice for abuse committed years earlier.
Institutional Accountability
Schools, youth organizations, sports programs, and other institutions have a duty to protect child participants from abuse. When institutions fail to properly screen employees, ignore warning signs, or cover up abuse, they can be held liable through civil claim actions.
Many sexual abuse cases involve institutional failures. An organization may have known about previous complaints against an alleged offender but failed to take appropriate action. These systemic failures enable abuse and harm multiple victims over time.
Holding institutions accountable serves the broader public interest. Civil lawsuit judgments and settlements create financial incentives for organizations to implement better protective policies. This helps prevent future abuse and makes communities safer for all children.
Seeking Justice and Healing
Justice means different things to different survivors. For some, it’s about financial compensation that acknowledges their suffering. For others, it’s about holding the alleged offender accountable and preventing future abuse. Many victims find that taking legal action is an important part of their healing journey.
To seek justice is to assert that what happened was wrong and that you deserve support. It’s a way of refusing to carry shame that belongs to the abuser. While no legal outcome can undo abuse, the process of standing up for yourself can be empowering.
Pursue justice at your own pace. There’s no timeline for when survivors should be ready to take legal action. Some people file claims quickly after the abuse, while others need years to process their trauma before moving forward. The right law firm will respect your timeline.
Support for Survivors Throughout the Process
Legal assistance from compassionate attorneys makes a significant difference in how survivors experience the legal process. The right legal team shields clients from unnecessary trauma by handling direct communication with the alleged offender and opposing counsel.
Representing survivors requires utmost professionalism and sensitivity. Attorneys should create a safe environment where clients feel heard and supported. Every decision should be made with the survivor’s best interests at the forefront, ensuring they maintain control over their own case.
A good law firm connects clients with additional resources beyond legal services. This might include referrals to therapists specializing in trauma, support groups for survivors, and victim advocacy services. Comprehensive support addresses both legal and emotional needs.
What to Expect During Your Case
Sexual abuse cases typically involve several stages. After the initial free consultation, your attorneys will investigate your claims and gather evidence. They’ll file a civil lawsuit on your behalf outlining the abuse and damages you’ve suffered.
The discovery process allows both sides to request documents and testimony. Your attorneys will work to minimize how much you must directly interact with the legal process. Depositions and testimony can be difficult, but a strong legal team will prepare you thoroughly.
Many claims settle before trial. The alleged offender or their insurance company may offer a settlement to avoid the publicity and uncertainty of trial. Your attorneys will negotiate on your behalf to secure fair financial compensation while respecting your wishes about whether to settle or proceed to trial.
Life After Legal Action
Completing legal action against an abuser represents an important milestone for many survivors. Whether your case settles or goes to trial, reaching resolution can provide a sense of closure. The financial compensation obtained helps cover medical expenses, medical bills, therapy costs, and lost wages.
However, healing from sexual abuse is an ongoing process that extends beyond legal proceedings. Ongoing therapy continues to help survivors process trauma and develop healthy coping strategies. Building supportive relationships and engaging in self-care remain important long after cases conclude.
Some survivors find purpose in advocacy work, speaking out about sexual violence and supporting others who have been sexually assaulted or sexually abused. Whether through public advocacy or private support, many people find meaning in using their experience to help others.
Frequently Asked Questions About Sexual Abuse Claims
How long do I have to file a sexual abuse claim in New York?
The statute of limitations for sexual abuse claims varies based on several factors. Under the Child Victims Act, people who were sexually abused as children have until age 55 to file civil claim actions. For abuse that occurred when you were an adult, different time limits apply. The statute of limitations has been extended in recent years for many sex crimes. Consulting with a sexual abuse attorney during a free consultation will help you understand the specific deadlines that apply to your situation. Don’t delay seeking legal advice if you’re considering filing a claim.
What is the difference between sexual abuse and sexual assault?
Sexual abuse is a broader term that encompasses various forms of unwanted sexual conduct, including sexual harassment, exploitation, and non-physical violations like exposure to child pornography. Sexual assault typically refers to more specific physical acts involving unwanted sexual contact, sexual intercourse, or other sexual act conduct performed without consent. Both sexual abuse and sexual assault are serious violations that cause lasting harm. Whether your experience involved forcible touching, rape, oral or anal sex without consent, or other forms of sexual violence, you may have grounds to pursue justice through a civil lawsuit.
Can I file a civil lawsuit even if criminal charges weren’t filed?
Yes, you can file a civil lawsuit regardless of whether criminal charges were brought against your abuser. Criminal offense prosecutions and civil claim actions serve different purposes and have different standards of proof. Criminal cases require proof beyond a reasonable doubt, while civil cases require only a preponderance of evidence. Many victims successfully pursue justice through civil courts even when prosecutors declined to file criminal charges or when criminal cases resulted in an acquittal. A civil lawsuit allows you to take direct action and seek justice on your own terms.
What compensation can I receive in a sexual abuse case?
Financial compensation in sexual abuse cases can include medical expenses, medical bills, therapy costs, lost wages, emotional distress damages, pain and suffering, and reduced quality of life. Ongoing therapy costs for future treatment can be included. In cases involving particularly egregious conduct, punitive damages may also be awarded. The specific amount depends on factors like the severity of the abuse, the trauma experienced, and how the abuse has affected your life. An experienced New York sexual abuse law firm will thoroughly evaluate all damages to ensure you seek justice with a complete claim.
How do I choose the right sexual abuse attorney?
Look for a law firm with specific experience in this practice area. Sexual assault lawyers should demonstrate trauma-informed approaches and treat clients with utmost professionalism. During a free consultation, assess whether you feel comfortable with the attorneys and whether they make you feel heard. Ask about their track record representing survivors and their approach to handling sensitive cases. The right legal team will prioritize your best interests, communicate clearly, and have the expertise needed to build a strong case on your behalf.
Will I have to face my abuser in court?
Not necessarily. Many sexual abuse cases settle before trial, meaning you may never need to face your abuser in court. Even if your case does go to trial, your attorneys work to minimize direct contact and shield you from additional trauma. Depending on your case, certain testimony may be given via deposition rather than in open court. The legal team handling your case will prepare you for what to expect and take steps to make the process as comfortable as possible while still effectively representing you.
What if the abuse happened a long time ago?
Thanks to the Child Victims Act, child victims of sexual abuse can file claims until age 55, even if the abuse occurred decades ago. For abuse that happened when you were an adult, other statute of limitations provisions may apply. Recent changes to New York law have extended deadlines for many sex crimes cases. The passage of time doesn’t diminish the harm you suffered or your right to seek justice. Many survivors need years to process their trauma before they’re ready to take legal action. A sexual abuse attorney can evaluate whether you still have time to file a claim.
Can I file a claim against an institution?
Yes, institutions like schools, the Catholic Church, youth organizations, and employers can be held liable for sexual abuse that occurred under their watch. If the institution failed to properly screen employees, ignored warning signs, or covered up abuse, they may share responsibility. Many claims against the Catholic Church involve institutional failures to protect child congregants from abusive priests. Holding institutions accountable helps victims obtain financial compensation and encourages better protective policies that prevent future abuse.
What if I’m not sure whether what happened counts as sexual abuse?
If you experienced unwanted sexual contact, sexual harassment, or any form of sexual conduct that made you uncomfortable or violated your boundaries, it’s worth discussing with a sexual abuse attorney. Many victims question whether their experience was “serious enough” to warrant legal action. However, any unwanted sexual act performed without a person’s consent may constitute sexual abuse or sexual assault. A free consultation provides an opportunity to describe what happened and get professional guidance about your legal options without any obligation.
How much does it cost to hire a sexual abuse lawyer?
Most sexual assault lawyers work on a contingency fee basis for sexual abuse cases. This means you pay no upfront costs, and the law firm only receives payment if they successfully obtain financial compensation on your behalf. The attorney’s fee is typically a percentage of any settlement or judgment. This arrangement makes legal assistance accessible regardless of your financial situation. During your free consultation, the attorneys will explain their fee structure, so you understand all costs before deciding to move forward.
Contact Our Sexual Abuse Lawyers in New York Today
There is little that is as painful as being the victim of sexual abuse. At Poltielov Law Firm P.C., our New York sexual abuse lawyers will handle every aspect of your claim so you are shielded from the trauma of reliving your experience. We also work tirelessly to help our clients claim the full damages they are entitled to, and we will put that same drive to work for you. Call us now or contact us online to schedule a consultation with one of our experienced attorneys.