New York Sexual Abuse Attorneys

Who Can Be Held Liable for Sexual Abuse in NY?

In addition to the perpetrator of the sexual abuse, other parties can also potentially be held liable if they played a role in enabling the abuse or failed to take action to prevent it. This can include employers, organizations, or institutions that did not appropriately respond to allegations of sexual abuse or failed to implement effective policies to protect individuals under their care. 

For instance:

• A school district could be held liable if a teacher sexually abused a student and it is found that the district ignored warning signs or did not have adequate preventative measures in place.
• If sexual abuse was committed by an employee in the course of their employment, the employer may be held responsible, especially if the employer failed to conduct a proper background check, ignored previous complaints about the employee, or did not provide a safe working environment.
• In religious institutions, a church or religious organization can, in some cases, be held liable if a priest, pastor, rabbi, or any other religious leader commits sexual abuse. If it can be proven that the institution knew or should have known about the abuse and did not take appropriate action, they can also be held accountable.

The complexity of sexual abuse cases underscores the need for capable legal support. At Matthews & Associates, our sexual abuse lawyers in New York have the experience and dedication necessary to navigate these challenging cases and seek justice for victims. We are prepared to investigate the circumstances of your abuse to identify all liable parties and avenues of legal recourse.

Statute of Limitations for Sexual Abuse Lawsuits in New York

New York has specific laws governing the time limits, or statutes of limitations, for filing sexual abuse lawsuits. These time frames determine how long survivors of sexual abuse have to pursue legal action against their abuser or any responsible institutions. The statute of limitations for sexual abuse cases in New York has undergone significant changes in recent years to give survivors more time to seek justice.

Adult Victims

For victims over the age of 18 who were sexually abused, raped, or assaulted, the statute of limitations to file a civil lawsuit is now 20 years. However, the state extended the statute of limitations for adult survivors in 2019, and the 20-year statute of limitations only applies to cases of abuse occurring after the new law was passed (the law is not retroactive). 

Child Victims

For victims of childhood sexual abuse, the Child Victims Act (CVA) was enacted in 2019 to extend the statute of limitations significantly. Under the CVA, survivors of childhood sexual abuse can now file a civil lawsuit until they turn 55 years old. Previously, survivors only had until age 23 to file a claim. 

The CVA also introduced a temporary look-back window, which allowed survivors of childhood sexual abuse, whose claims had previously expired, to file lawsuits regardless of when the abuse occurred. This window has expired, but it provided an important opportunity for many survivors to seek justice.

These extended statutes of limitations are meant to acknowledge the time it often takes for survivors to come forward and provide them with a greater opportunity to seek accountability and compensation. If you are a survivor of sexual abuse in New York, it’s important to consult with an attorney at Matthews & Associates as soon as possible to ensure your rights are protected and that you take timely legal action.

How Civil Sexual Abuse Lawsuits Differ from Criminal Cases

Criminal proceedings and civil lawsuits in cases of sexual abuse serve different purposes and follow distinct processes even though they can both be initiated based on the same incident. 

In the criminal justice system, the government brings charges against the accused (the defendant). The purpose of criminal proceedings is to penalize the perpetrator. The state, represented by a prosecutor, must prove beyond a reasonable doubt that the defendant committed the crime. If found guilty, the defendant can face imprisonment, fines, mandatory treatment programs, probation, or other penalties as deemed appropriate by the court. 

While the theoretical penalties for sexual abuse and assault in New York are severe, clearing the “beyond a reasonable doubt” standard can be difficult, leading to many defendants in these cases being found “not guilty.” 

A civil sexual abuse lawsuit is initiated by the survivor (the plaintiff) against the perpetrator and/or any other liable party (the defendant). The intention is not to penalize the offender but instead to compensate the survivor for the harm suffered. This harm can be physical, emotional, or mental, and the compensation is typically financial. Crucially, the standard of proof in civil cases is lower than in criminal cases, requiring a preponderance of evidence, meaning that it's more likely than not that the allegations are true. 

This means that the same evidence can potentially lead to a favorable outcome in a civil lawsuit, even if the defendant is acquitted in a criminal case involving the same allegations of abuse. 

It's also important to note that these two types of cases can proceed independently. A defendant can be prosecuted criminally while also being sued civilly by the survivor. On the other hand, it is also possible to pursue a civil lawsuit even if the abuser is not criminally charged. The outcome of one case does not necessarily determine the outcome of the other. Again, a defendant can be exonerated in a criminal trial but still lose in a civil trial.

Whether criminal proceedings against your abuser are just commencing or recently concluded, we encourage you to discuss your case with our New York sexual abuse attorneys. We can help you understand your options and walk you through what taking civil legal action will look like.