Over 25 Years Helping Rape and Sexual Assault Victims Get the Justice They Deserve
Rape and sexual assault are horrific crimes that can occur at any moment, any place, and to anyone. The aftermath of such crimes leaves the victim physically and emotionally destroyed. Many victims do not know where to turn to get the help they need. If they are lucky enough to know what steps to take next, they still must deal with recovering both physically and emotionally, which could take years. While dealing with all of these issues, you have rights. You have the right to not only press charges in criminal court but file a lawsuit against your attacker in civil court. Our team former sex-crimes prosecutors at the Derek Smith Law Group are here to help you navigate these rights so you can focus on healing.
What Is the New York Adult Survivors Act?
On May 24, 2022, Governor Hochul signed into law the Adult Survivors Act in New York State, which affects victims of sexual assault who were over 18 at the time of the assault. Modeled after the New York Child Victims Act, the Adult Survivor Act allows anyone who experienced sexual assault as an adult to file a lawsuit against their attacker and others for up to one year, regardless of when the assault occurred.
The Adult Survivor Act allows anyone who was a victim of sexual assault (including rape) to file a lawsuit against their attacker and others starting six months from the date the law was enacted (November 25, 2022). Victims of sexual assault will have until November 2023 (a one year look back period) to file a sexual assault or rape lawsuit in civil court.
The Act allows New York State sexual assault and rape victims to file a lawsuit based on anything that would have been considered an act of sexual assault or lead to sexual assault, no matter when it occurred. It also allows rape victims who were denied the right to file a lawsuit due to violation of the statute of limitations the right to file their lawsuit within the one-year look-back period. Finally, the Act allows victims to refile lawsuits that were previously dismissed due to statute of limitations defenses.
What Are Your Rights in Civil Court for Rape and Sexual Assault?
Rape and sexual assault are criminal actions. However, they can be part of a personal injury claim. A personal injury claim occurs when you are injured because of someone else’s actions. There is no denying that victims of rape and sexual assault are injured because of the attacker’s actions. Therefore, if you are the victim of rape or sexual assault, you have the right to file a personal injury claim in civil court.
It is not necessary to win your criminal case to file or win your civil case. However, it is recommended that you at least file the criminal charge. Even if your attacker is acquitted in criminal court, filing the report and pressing charges to help show you want justice, bringing credibility to your claim.
The difference between criminal court and civil court where your case is concerned comes down to three issues:
- You are a witness in criminal court, as opposed to a plaintiff in civil court.
- In order to obtain a conviction in criminal court, all jurors must agree that the attacker is guilty beyond a reasonable doubt.
- In civil court, a majority of jurors must agree that there is enough evidence to confirm your claim of rape or sexual assault. This means the standards for winning your case are less severe than criminal court.
Who Can be Included in a Civil Lawsuit for Rape and Sexual Assault?
It is clear that you have serious damages from your rape or sexual assault. And the civil court is the place to get the compensation to help take care of these financial damages. Depending on when and where your rape or sexual assault occurred, you may be able to add defendants to your case to help you get the compensation you deserve.
If the crime occurs in the parking lot of your building or inside your office space or apartment building, you may be able to include the property manager in your lawsuit. The property manager has the responsibility to take reasonable precautions to protect tenants and occupants, including a well-lit parking lot, security measures, and working locks. Many office spaces require buildings to be locked after hours, requiring a security key to get in. If your property manager does not have reasonable measures of protection, they may be included in the lawsuit.
If rape or sexual assault happens at work, you may be able to sue your employer. Your employer is required to have policies that protect employees from sexual harassment, including rape and sexual assault. If your employer does not have these policies in place or did nothing to protect you once you made it clear that there was an issue with another member of your workplace or contractor, your employer may also be liable.
Finally, if the rape or sexual assault is carried out by an attacker who had a therapist that knew he or she was a threat and planned to carry out such attacks, the therapist may be included in your lawsuit. The therapist has an obligation to break confidentiality if the patient is an immediate threat or danger. Refusing to act on that responsibility can create a liability.
Who Can You Include in Your Lawsuit If You Are the Victim of Child Rape or Sexual Assault?
Organizations and institutions that work with children have a higher obligation o protect the children from criminal actions. They are required to properly screen anyone working with the children involved. The volunteers and employees of child-based organizations and institutions cannot have any past history of sexual abuse of minors or any felonies in their past.
As a result, you have the right to hold the organization or institution responsible fro any rape or sexual assault you experience while in their care. Some of these defendants may include:
- The Boy Scouts of America
- The Girl Scouts
- Religious organizations
- Public elementary, middle, or high schools
- Private religious schools
- Private elementary, middle, or high schools
- School transportation services
- Daycares
- Camps
- Healthcare facilities
- Sporting clubs
- Child recreational organizations
What Type of Remedies Can the Courts Provide for Rape or Sexual Assault lawsuits?
Race and sexual assault are not things the courts take lightly. If you are the victim of such horrendous acts, the court may award you the following remedies:
- Reimbursement of medical and psychiatric care expenses
- Reimbursement of lost wages
- Pain and suffering
- Emotional distress
- Punitive damages
Contact Our Team of Former Sex-Crimes Prosecutors for Your Free Consultation
We are deeply saddened that you, or anyone for that matter, would be the victim of rape and sexual assault. You have rights and we are here to help. If you have been the victim of rape or sexual assault our team of former sex-crimes prosecutors at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help. Call us today at (800) 807-2209 for your free consultation. We do not collect any money until you win your case.