Rape and sexual assault in New Jersey can happen to anyone, at any place, and at any time. The sad truth is, over 30% of women under the age of 19 and 20% of men under the age of 18 will be the victim of a rape or sexual assault. That does not include the adults over the age of 18 that may or may not report the rape or assault to the police. The reality is the police and criminal courts will do their best to get the rapist off the streets and behind bars. However, the civil court process will give you, the victim, justice. For the past 25 years, the Derek Smith Law Group has worked with victims of rape and sexual assault get the justice they deserve.
Rape and sexual assault are criminal offenses. Yet, the victim may press charges with the police and still file a civil claim for damages. A civil claim for rape or sexual assault in New Jersey is filed in civil courts and allows the victim to be a party in the process of the lawsuit as the plaintiff and receive monetary damages for the medical expenses, lost wages, pain, and suffering, and more.
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View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
With over 25 years of experience recovering millions for victims of sexual harassment, discrimination, and retaliation, the Derek Smith Law Group, PLLC has made a name for itself as a respectable, hard-working firm that gets results. When you hire an attorney from the Derek Smith Law Group, PLLC, you’re hiring someone who will represent you zealously and has the resources to handle cases against the largest and most powerful companies in the country.
Our team is dedicated to recovering the maximum compensation for our clients, while treating them with the respect and compassion they deserve. For our staff, communication is key, and you can rest assured that we are on your side.
After your free consultation, you’ll meet with one of our experienced team members and begin the intake process. This is where we gather preliminary information about the case, including any evidence or documentation like e-mails or text messages. The process of a lawsuit may vary from person to person, based on the specific circumstances of their case. We’ll remain in constant communication with you about the status of your case and you’ll always be able to reach us with any questions or concerns. Remember, you don’t pay anything for our services unless we recover on your behalf.
Above all, you can feel comfortable that you are always in good hands with the Derek Smith Law Group, PLLC. We have recovered million on behalf of our clients and we’re here to fight for you.
We have a team of experienced litigators who are prepared to zealously represent your legal claims. It costs you nothing to discuss your legal matters with a member of our team, and if we recover nothing, you pay nothing.
At the Derek Smith Law Group, PLLC, you do not pay anything for our services unless we recover compensation for you. Above all, you can feel comfortable that you are always in good hands with the Derek Smith Law Group, PLLC. We have recovered millions on behalf of our clients and we’re here to fight for you. We have a team of experienced litigators who are prepared to zealously represent your legal claims. It costs you nothing to discuss your legal matters with a member of our team, and if we recover nothing, you pay nothing.
After your free consultation, you’ll meet with one of our experienced team members and begin the intake process. This is where we gather preliminary information about the case, including any evidence or documentation like e-mails or text messages. The process of a lawsuit may vary from person to person, based on the specific circumstances of their case. We’ll remain in constant communication with you about the status of your case and you’ll always be able to reach us with any questions or concerns. Remember, you don’t pay anything for our services unless we recover on your behalf.
Above all, you can feel comfortable that you are always in good hands with the Derek Smith Law Group, PLLC. We have recovered million on behalf of our clients and we’re here to fight for you. We have a team of experienced litigators who are prepared to zealously represent your legal claims. It costs you nothing to discuss your legal matters with a member of our team, and if we recover nothing, you pay nothing. Contact us today at (212) 587-0760 to learn more about how we can help.
Derek Smith Law Group, experienced New York sexual harassment and employment discrimination attorneys are located at One Pennsylvania Plaza, Suite 4905, New York, NY 10119, in the heart of New York City. Our highly rated employment discrimination and sexual harassment attorneys work to make sure anyone who has been the victim of workplace discrimination due to sexual orientation, gender, race, hairstyle, weight, or any other reason, or has been the victim of sexual harassment in the workplace, gets the justice that is deserved. Contact us to schedule you free consultation today at (212) 587-0760.
1 Pennsylvania Plaza #4905,
New York, NY 10119,
United States
From the North From the West (New Jersey) From the East From the South (Brooklyn)Our Frequently Asked Questions provide clear answers to common queries about our legal services, helping you understand our offerings, processes, and how we can assist with your legal needs.
Rape and sexual assault are criminal offenses. Yet, the victim may press charges with the police and still file a civil claim for damages. A civil claim for rape or sexual assault in New Jersey is filed in civil courts and allows the victim to be a party in the process of the lawsuit as the plaintiff and receive monetary damages for the medical expenses, lost wages, pain, and suffering, and more.
While rape and sexual assault are criminal offenses, they can be used as a reason to file a civil lawsuit as well. A criminal case for rape and sexual assault in New Jersey is brought by the District Attorney’s office. The process goes through an investigation and the victim is a witness to the crime. As a result, the victim can choose to testify at trial to help the Prosecutor’s case. The criminal court requires a conviction based on “beyond a shadow of a doubt.” This means that the jurors must believe the act, as described by the victim, occurred and have no doubt about the believability of the story. If the case is won, the attacker gets sentenced to jail time and must pay some fines, including restitution. The victim can request funding from the New Jersey or Federal Victims of Crime Act fund for out-of-pocket costs related to the attack, however, it is not much money compared to the years of suffering the victim will endure.
When filing the civil lawsuit for rape or sexual assault in New Jersey, the case is filed in a civil court and the burden of proof becomes much less severe. The victim is no longer a witness standing on the outside of justice. He or she is now the Plaintiff bringing the case to court and is a party to the litigation process. In addition to the new title within the case, the victim will only need to prove that the event could have occurred as described (known as the preponderance of the evidence). Therefore, even if the defendant is found not guilty in criminal court, he may still be found liable in civil court, allowing you, the victim, to collect compensation for injuries and additional pain and suffering and emotional distress.
Rape and sexual assault in New Jersey can occur to anyone at any time and any place. It does not have to involve intercourse or even sexual touching. There are many ways sexual assault or rape can rear its ugly head and make you a victim.
New Jersey has recently filed a new law that will take effect on December 1, 2019, which extends the time limit to file a civil lawsuit for sexual assault and rape. Under the new law, any victim that has ever been raped or sexually assaulted has two years to file a civil claim.
Beyond the two-year open period, a person who was raped or sexually assaulted as a child will be able to file a claim up to the person reaches age 55. Any other victim will have 7 years from the date the victim realized the sexual assault or rape impacted his or her quality of life.
Unlike criminal court, civil court remedies are about making you whole again with monetary relief. Here are some examples of the relief available at the civil court level:
While working to heal from your attack, both physically and emotionally, some organizations can help you get to the light at the end of the tunnel.
A victim of rape or sexual assault is never at fault for their attack. Rape and sexual assault are about control, not about sex. So it does not matter what you wear, what you say, or where you are. A rapist is a violent predator that is looking to control another person. If you are the victim of rape or sexual assault in New Jersey, the attorneys at the Derek Smith Law Group can help. Contact us today at (973) 388-8625 for a free consultation. We do not collect any money until you win your case.
