Derek Smith Law Group / Rape and Sexual Assault Attorney / Rape and Sexual Assault Attorney in New York City

Rape and Sexual Assault Attorney in New York City

Based on 500+ Select Nationwide Reviews

Free Case Review

The Fee Is Free Unless You Win.
America’s Largest Law Firm
Protecting Families Since 1995
$400 Million Won

Rape and sexual assault in New York City can happen anywhere, to anyone, at any time. It could happen to a man or a woman in the middle of the day or late at night.

It can occur in your home, in a public location, or in a back alley of a dark street. What is important is that it occurs, unfortunately, all too often.

While you may choose to press criminal charges, you also have the right to sue your assailant in civil court for the damages you suffered at their forceful hands. You do not need to win your criminal court case to file in civil court or even win in civil court.

For the past 25 years, the attorneys at Derek Smith Law Group have helped rape and sexual assault victims get the compensation and justice they so rightly deserve.

What Is a Civil Claim for Rape and Sexual Assault in New York City?

It is no secret that rape and sexual assault in New York City is a criminal act. As a victim, your first priority (beyond allowing yourself to heal emotionally and physically) is to catch the bad guy and make him or her pay for the crime. So, you file a police report and go through the entire process so the police can do their job and take one more rapist or sexual assailant off the streets and throw him or her in jail.

However, once you have filed criminal charges, you have the right to sue your assailant and even the property manager of where the rape or sexual assault occurred in civil court in New York City. You do NOT need to win your criminal case to sue or win your civil case.

What Are Some Examples of Rape or Sexual Assault Situations in New York City?

Rape or sexual assault can occur anywhere and anytime. However, some people do not know they have a case for rape or sexual assault because they do not know the laws. Even if you eventually consent, if you were coerced or forcibly held against your will until you offered this consent, you may have a case for rape. Here are some examples of rape and sexual assault situations:

Date rape
Rape by a co-worker or employer
Unwanted sexual contact or any kind
A person watching you without your knowledge (voyeurism)
Unwanted exposure to pornography
A person flashes you
A person gives you alcohol and/or drugs and then has sex with you
Having sex with or sexually touching a person who is asleep or unconscious
Pressuring a person to have sex until he or she consents
Unwanted sexual contact by an unknown person
Violent sexual contact
A teacher or camp counselor having sex with an underage student or camper
Unwanted sexual contact from a medical provider
Blackmailing a person by forcing them to have sex

Why Would a Victim Sue the Property Manager for a Rape or Sexual Assault in New York City?

A property manager may have a part to do with a rape or sexual assault because he or she ignored issues that could cause a dangerous environment for people walking through the area or living and working in the building. This is called premises liability. Rapes and sexual assault can occur anywhere, however, many times the rapist is looking for a place that he or she can complete the act without getting noticed. If a building manager neglects to fix parking lot lights he knows are dangerous or install locks that protect people working or living in the building at night, he or she can be liable under premises liability. You can sue the property manager because you may not have been raped or sexually assaulted if these issues were corrected.

Who Else May be Included in a Rape or Sexual Assault Lawsuit in New York City?

Of course, the person who rapes you or sexually assaulted you can be sued in civil court for damages. However, you may be able to add other defendants to your lawsuit. If you were raped at work, your employer can be added to the lawsuit.

If you were raped as a client or customer of a business by an employee of that business, the employer may be able to be sued because it occurred during business hours and the employee was on the clock. In addition, if your attacker worked with a therapist or doctor that knew this could occur and did nothing to prevent it, such as reporting the concerns to the proper authorities, the therapist or doctor could be added to your lawsuit.

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During 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

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

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

Phyllis Parker

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.

Wally Peczon

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

Tali Loya

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

Corey Kientz

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

Seedie Whiser

Corey Kientz

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!

Marissa Shander

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

jessica gonzalez

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 Testimonialwon't be disappointed! 10/10

Rae Millstone

Stand Up Against Harassment Now

Empower your voice and take action against sexual harassment in every workplace, community, and home.

Free Consultation (212) 587-0760

What Is the Statute of Limitations to File a Civil Case for Rape and Sexual Assault in New York City?

In order to file a claim for rape or sexual assault in New York City, there is a time limit, depending on your claim. First, and most importantly, you do not need to win your criminal sexual assault or rape trial to sue or win your civil sexual assault or rape case in New York City. A rapist can be found not guilty in criminal court and still owe you thousands or more dollars in civil court.

If you wish to seek a premises liability claim, you have 3 years from the date of the attack to file a complaint in civil court. If you wish to bring a civil suit against the attacker, the time limit is 5 years from the date of the assault.

What Remedies Are Available in Civil Court for a Rape or Sexual Assault Claim in New York City?

Criminal court will hopefully bring justice by forcing the attacker or rapist to pay for his or her crimes with jail time and restitution. However, the civil court is about making him or her and others pay for their actions with monetary rewards. The civil court may grant the following relief for your rape or sexual assault claim.

Reimbursement of medical expenses
Reimbursement for psychiatric care
Lost wages
Pain and suffering
Emotional Distress
Punitive damages

A Few Resources to Help Deal with the Aftermath of Rape or Sexual Assault

If you are the victim of rape or sexual abuse, some organizations can help you cope and direct you to therapists and other groups meant to help you heal. Here are a few resources available.

RAINN. The Rape, Abuse, and Incest National Network is the largest organization in the US helping victims of sexual assault. Along with their National Sexual Assault Hotline, RAINN provides access to thousands of sexual assault providers throughout the US.
1in6. This organization helps men who have been sexually abused thought their online helpline, online support groups, trainings, and the Bristlecone Project which helps them by showing videos, portraits, and written stories of male sexual abuse survivors.
Safe Horizon. Safe Horizon helps victims of rape and sexual assault fin the resources they need to begin to heal. The organization offers hotlines, community programs, a counseling center, and Project SAFE lock replacement which helps you feel safe in your home.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Rape and Domestic Violence Attorneys In New York City for Your Free Consultation

As a victim of rape and sexual assault, you deserve justice. No person should ever have their body touched or attacked without their permission. While the criminal justice system can help ensure this attacker never hurts another person, you have a right for the civil courts to help make you whole once again.

If you are the victim of rape or sexual assault, the experienced attorneys at the Derek Smith Law Group in New York City can help. Contact us at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.

Our Attorneys

Are You Sexually Harassed? Take Legal Action Right Now.

If you experience any form of sexual harassment, our expert legal team is here to help you fight back immediately with strength. Please call us at 8800.807.2209 or email derek@dereksmithlaw.com.

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.