A civil sexual assault claim is a lawsuit brought by the survivor, in the survivor's own name, seeking money damages and accountability. It is separate from any criminal case. You do not need to have reported the assault to police, and you do not need a criminal charge or a conviction in order to bring one. The standard of proof is lower, because a civil case turns on a preponderance of the evidence rather than proof beyond a reasonable doubt, and you, not a prosecutor, decide whether the case is filed, how it is litigated, and whether it settles.
A civil claim can be brought against the person who committed the assault and, in many cases, against an institution that enabled it: an employer, school, university, religious organization, medical practice, or property owner that knew of the risk and failed to act, or that concealed what it knew.
New York City's Victims of Gender-Motivated Violence Protection Act, commonly called the GMVA, may provide survivors with a civil claim for violence committed at least in part because of gender-based hostility or bias. It can cover sexual assault, domestic violence, stalking, and trafficking occurring within New York City, and it may allow recovery of punitive damages and attorney's fees. Whether it applies to your situation depends on the facts, which we are glad to review with you.
New Jersey law allows survivors of sexual assault to bring civil claims against the person responsible, and in appropriate cases against an institution on negligent hiring, supervision, or retention theories. The time available to file may be measured from the point at which a survivor reasonably discovers the injury and its connection to the assault, rather than from the assault alone, and survivors who were abused as minors may have considerably longer. Where the assault occurred at work, the New Jersey Law Against Discrimination may also apply.
In Florida, a sexual assault case is typically brought as a civil assault and battery claim against the individual responsible, and it may also support claims against an institution that failed to act on a known risk. Florida treats claims involving children differently from those involving adults, and a claim against an institution may be governed by a different period than a claim against an individual. Because these distinctions can determine whether a case is able to proceed, they are worth confirming early.
New York, New Jersey and Florida each set different deadlines for civil sexual assault claims, and New York City has recently amended its Gender-Motivated Violence Act to allow certain older claims to be revived. These windows are narrow and change, and whether yours is open depends on where the conduct occurred, when it occurred, and who was involved. If you believe your claim may be time-barred, contact us before assuming it is. We will review the current deadlines that apply to your situation at no cost.
Depending on the facts, a civil case may be brought against:
When an assault happens at work, at a work event, on business travel, or on a job site, a survivor often has an additional set of claims against the employer, on top of the claims described above. Employer liability turns largely on what the company knew and what it did about it, and those claims sit alongside the harassment and retaliation protections of Title VII, the New York State and City Human Rights Laws, the New Jersey Law Against Discrimination, and the Florida Civil Rights Act. Read more about sexual assault in the workplace.
Deadlines in these cases depend heavily on the facts, and they can be shorter than people expect. If you are considering a claim, the most useful step you can take is to speak with a lawyer early, even if you are undecided about filing. Consultations are free and confidential, and we can tell you which of these laws may apply to your situation before you commit to anything.
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 you, seeks money damages and accountability, and stays under your control. The two can proceed at the same time, and the outcome of one does not necessarily determine the other. A civil case may succeed even where no criminal charge was ever filed.
No. A police report is generally not required in order to bring a civil claim, and neither is a criminal charge or a conviction. A report can be useful evidence, but its absence does not necessarily bar a case. Civil claims are decided on a preponderance of the evidence, a lower standard than the proof beyond a reasonable doubt required in a criminal trial.
Sometimes. New York City has recently amended its Gender-Motivated Violence Act in a way that may allow certain older claims to be revived, and other provisions in New York, New Jersey and Florida can extend the time available depending on the circumstances. Whether any of them apply to you depends on where and when the conduct occurred and who was involved. If you think your claim may be too late, contact us before assuming it is.
Often both. Employers, schools, universities, religious organizations, medical practices, and property owners may be liable where they enabled the conduct, ignored a known risk, or concealed what they knew. Recent changes to New York City's Gender-Motivated Violence Act have also addressed claims against parties that directed, enabled, participated in, or conspired in gender-motivated violence.
It depends on where the assault happened, when it happened, who was involved, and how old you were at the time. Each of the three states applies different rules, and some of those rules have changed recently. Because the answer turns entirely on the facts, the only reliable way to know your position is to have it reviewed. We will do that at no cost and no obligation.
Many survivors are able to proceed under a pseudonym such as Jane Doe, though this requires the court's permission and is decided case by case. Settlements are frequently confidential. We will talk through privacy at the outset, so you understand what would and would not become public before deciding whether to move forward.
