Civil Sex Assault Claims
Representing survivors of sexual assault outside the employment context under the New York Gender-Motivated Violence Act, the Trafficking Victims Protection Act, and other state and federal statutes.
The one-year rule is only part of the picture in New York. What may still be open at three years, seven years and twenty years.
A civil rights claim for gender-motivated violence in New York City, with punitive damages and legal fees, and no criminal case required.
Why an employer is rarely liable automatically in New York, and what works instead: hiring, supervision, retention and premises security.
A claim against a public hospital, school or agency in New York may require written notice within ninety days. Adults get no exemption.
A criminal case punishes. A civil case compensates. You do not need a conviction, a charge or a police report to bring one.
New Jersey counts seven years from reasonable discovery, not from the assault. Why remembering is not the same as discovering.
Hotels, schools, clinics and landlords may share responsibility when they ignore a known risk. How institutional liability works.
Battery, emotional distress, negligent supervision and premises claims in New Jersey, and the higher bar adults face against public bodies.
Pseudonym filings, protective orders and confidential settlements. What becomes public in a civil sexual assault case, and what does not.
The Gender-Motivated Violence Act may give survivors a civil claim in New York City, including against parties that enabled the violence.
For a full overview of how these claims work, see our main practice area page on civil sexual assault claims.
A criminal case is brought by the government to punish the offender, and a prosecutor decides whether to pursue it. A civil claim is brought by the survivor, seeks money damages and accountability, and stays under the survivor's control. Both can proceed at the same time.
No. A civil claim does not depend on a conviction, a criminal charge, or even a police report. Civil cases are decided on a preponderance of the evidence, which is a lower standard than the proof beyond a reasonable doubt required in a criminal trial.
The individual responsible is the most direct defendant, and in many cases an institution may share liability. That can include a school, university, religious organization, medical provider, care facility, landlord, hotel, or venue that ignored a known risk or concealed what it knew.
Compensation may cover pain, suffering, and emotional distress, along with counseling and medical costs, lost income, and reduced earning capacity. Punitive damages may be available where the conduct was especially egregious, and some statutes allow recovery of attorney's fees.
Yes. Civil sex assault claims are not limited to the workplace. Assaults occurring in homes, schools, medical settings, places of worship, hotels, or social settings may all give rise to civil claims.
There are often options. Survivors can sometimes proceed under a pseudonym with the court's permission, and settlements are frequently confidential. Privacy is something we discuss at the very start, so you know what to expect before anything is filed.
It may still be worth reviewing. The time available to bring a civil claim depends on where and when the conduct occurred, who was involved, and how old you were at the time, and some of these rules have changed in recent years. Contact us before assuming a claim is too late.
Nothing. Consultations are free and confidential, and there is no obligation to proceed. We can tell you what options may be available before you make any decisions.
