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.
Third-Party Liability in Civil Sex Assault Cases
In many civil sex assault cases, the individual perpetrator is not the only party who can be held responsible. Hotels, employers, landlords, schools, and other institutions may bear legal liability when their conduct enabled the abuse.
The Trafficking Victims Protection Act: Civil Remedies for Survivors
The Trafficking Victims Protection Act (TVPA) provides a federal civil cause of action for survivors of sex trafficking, forced labor, and related offenses. This post explains who can sue, who can be sued, and what damages are available.
The Adult Survivors Act: What New York Survivors Should Know
The Adult Survivors Act opened a one-year window for adult survivors of sexual abuse to file otherwise time-barred civil claims. This post explains what the statute did, why it closed, and what survivors can still do now that the window has expired.
Statute of Limitations for Civil Sex Assault Claims in New York
New York's statute of limitations for civil sex assault claims depends on when the abuse occurred, the survivor's age at the time, and which statute the claim is brought under. This post walks through the CVA, ASA, GMVA, and general tort deadlines.
The New York Gender-Motivated Violence Act: A Survivor's Overview
The New York Gender-Motivated Violence Act (GMVA) gives survivors of gender-motivated violence a direct civil remedy against their attacker and, in New York City, against institutions that enabled the abuse. This post explains who the statute covers, what damages are available, and how the recent look-back window affected filing rights.
For a full overview of how these claims work, see our main practice area page on civil sexual assault claims.
Free Consultation
If you believe you have a claim that requires legal professional care, please contact our Firm for a free consultation.
Frequently Asked Questions About Civil Sex Assault Claims
How is a civil sex assault claim different from a criminal case?
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.
Do I need a criminal conviction before bringing a civil claim?
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.
Who can be held liable in a civil sex assault case?
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.
What damages can be recovered in a civil sex assault claim?
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.
Can a claim be brought if the assault did not happen at work?
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.
Can I bring a claim without my name becoming public?
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.
What if the assault happened a long time ago?
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.
What does it cost to speak with a lawyer about this?
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.
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