New York City Sexual Abuse and Assault Attorney
Some of the worst crimes in this country are sexual abuse crimes, particularly those involving helpless children. Victims of sexual abuse and assault are able to pursue justice through a criminal case as well as a civil case. A victim may obtain monetary compensation through a civil case, and these cases are often the only way victims are able to hold their perpetrator accountable and to obtain some closure.
At the Law Office of Rachel Ambats, PLLC, you can count on having an advocate by your side that will help you through this. When you need a New York City sexual abuse attorney, call us today.
What are Types of Sexual Abuse and Assault?
Sexual abuse and assault is a broad term that encompasses a number of different offenses. These offenses include:
Sexual misconduct
Child molestation
Course of sexual conduct against a child
Lewd acts
Child pornography production
Criminal sexual act
Persistent sexual abuse
Sexual abuse
Aggravated sexual assault
Forcible touching
Rape
How are these claims prosecuted?
Some crimes are punishable under both New York and Federal law. Most sex crimes in New York are felony charges with the exception of four that are misdemeanors (sexual misconduct, sexual abuse in the second degree, sexual abuse in the third degree, and forcible touching). Often a key factor in determining the classification of the offense is the age of the victim at the time he or she was sexually abused.
In addition to criminal prosecution, sexual abuse victims can seek compensation and justice through a civil lawsuit. New York law allows any victim of sexual violence or assault to file a civil claim for damages, even if there is no criminal conviction or even a police report filed. Victims may be eligible for monetary compensation for:
Medical expenses
Loss of income
Pain and suffering
Punitive damages
Infliction of emotional distress
The New York Child Victims Act for Sexual Abuse Victims
Until recently, most victims of child sexual abuse were blocked from seeking justice. However, the newly passed the New York Child Victims Act now allows victims of child sexual abuse a new window of opportunity to seek civil redress for the harm done to them.
The Child Victims Act does several major things for sexual abuse victims:
It extends or eliminates the statute of limitations for future criminal sexual cases involving a child under the age of 18, giving victims more time to come forward after they become adults. Victims of sexual assault often do not report it for years.
It extends the window for victims to bring a civil action until they turn age 55 (a significant increase from the previous limit of age 23).
For criminal cases, victims may seek felony charges until they turn 28 years old and misdemeanor charges until their 25th birthday.
The law also includes a one-year window during which victims of past abuse who were previously barred by the statute of limitations can come forward to file a civil claim, no matter how long ago the abuse occurred. This one-year window takes effect on August 14, 2019 and ends on August 13, 2020.
What if the Perpetrator was under the control of an employer or organization?
Often the perpetrator in child sexual abuse cases is considered to be under the control of an employer or an organization responsible for supervising the perpetrator. In these cases, to hold the employer or the organization liable for the abuse, it must be proven that the employer or organization knew or should have known that the perpetrator was a danger to children and had a propensity for the abusive conduct. The employer or the organization will often argue that the conduct was not done in the course of employment and that it had no notice of the conduct.
However, liability can still be attached to the employer if:
The employer was negligent in its supervision of the perpetrator
The employer failed to follow proper practices in hiring the person
The employer negligently retained the perpetrator and allowed him or her to continue working around children when it was known or should have been known that he or she was a danger
What Should You Do Now?
Do not wait. You cannot sit back and wait if you are a victim of sexual abuse or assault charges. Rachel Ambats is an informed advocate for victims and is compassionate in fighting for victims of sexual abuse or assault. At the Law Office of Rachel Ambats, PLLC, we are ready to help you. If you need a New York City sexual abuse lawyer, you can contact us for a free consultation.