New York Sexual Abuse Lawyers

Can Sexual Abuse Survivors File a Civil Claim in New York?

Yes, survivors can file civil claims in New York. The law recognizes that sexual abuse causes real harm and deserves compensation.

New York’s Adult Survivors Act and Child Victims Act opened important windows for survivors. These laws allow people to file claims even if the abuse happened years ago. The legal system now provides more opportunities for justice.

The Bongiorno Law Firm helps survivors understand their rights under New York law. Our attorneys will explain which options apply to your situation.

What Constitutes Sexual Abuse in New York?

Sexual abuse includes any unwanted sexual contact or behavior. The law protects people of all ages from these harmful acts.

Sexual abuse can take many forms:

• Physical Contact: Includes any form of unwanted touching, assault, or forced sexual acts.
• Non-Contact Abuse: Exposure, voyeurism, or forcing someone to view sexual material.
• Exploitation: Using someone for sexual purposes without consent.

New York law recognizes abuse whether it happens once or if the victim was abused repeatedly. The location doesn’t matter. Abuse can occur in homes, schools, workplaces, or institutions.

Power imbalances often play a role in sexual abuse. Abusers may hold positions of authority or trust, such as a teacher, coach, clergy member, doctor, friend, or family members.

The Bongiorno Law Firm handles cases involving all forms of sexual abuse. We approach each case with sensitivity and understanding.

How is a Sexual Abuse Civil Case Different from a Criminal Case?

Criminal and civil cases give you different paths to justice. A civil case puts you in control and focuses on your recovery. Here are additional difference that make civil cases different from criminal proceedings.

Key Differences

• Purpose: Criminal cases punish offenders. Civil cases seek compensation for victims.
• Who Brings the Case: Prosecutors handle criminal cases while personal injury lawyers typically file and manage the civil case on behalf of the survivors and their families.
• Burden of Proof: Criminal cases require proving “beyond a reasonable doubt.” In civil cases, the burden of proof still exists, but uses a lower standard. The “preponderance of evidence” in civil cases means the victim must be able to prove the defendant was more likely to be guilty than not.
• Outcomes: Criminal cases may result in jail time. Civil cases result in awarding financial compensation to the victim.

You can pursue a civil claim even if no criminal charges were filed. You can also file civil action if criminal proceedings have already taken place. The outcome of a criminal case does not determine the outcome of a civil case.

Civil cases give survivors control over their legal journey. You decide whether to pursue your claim and can participate directly in the process.

At The Bongiorno Law Firm, our legal team has deep knowledge of the local court system. Our trusted law firm will compassionately guide you through every step of the legal process.

Can the Privacy of a Sexual Abuse Victim Be Kept Private During the Legal Process in New York?

Privacy matters deeply to survivors, and New York law provides several protections to maintain your confidentiality.

Courts can seal records in sexual abuse cases. This means documents stay private and out of public view. Judges often allow survivors to use initials instead of full names in court papers.

Many cases settle before trial. Settlement negotiations happen privately between attorneys. This avoids public courtroom proceedings entirely.

Privacy Protections Available

• Sealed Records: Court documents remain confidential.
• Protective Orders: Limits who can access case information.
• Confidential Settlements: Agreement terms stay private.
• Anonymous Filing: Using initials or pseudonyms in legal documents.

The Bongiorno Law Firm prioritizes your privacy throughout the legal process. We take extra steps to protect your identity and personal information. Our team discusses privacy options with every client from the start. You deserve to seek justice without sacrificing your dignity or privacy.

What Type of Compensation Can a Sexual Abuse Victim Recover in New York?

Survivors can seek various forms of compensation through civil claims. These damages recognize the many ways abuse impacts lives.

Types of Compensation

• Medical Expenses: Includes therapy, counseling, and other treatment costs.
• Lost wages: Provides for income lost due to trauma or treatment.
• Pain and suffering: Compensation for emotional distress, loss of enjoyment, depression, trauma, and more.
• Punitive Damages: May also be awarded to punish the defendant and deter others from similar actions.

New York courts recognize that abuse causes lasting harm. Compensation aims to help survivors rebuild their lives and access needed care.

It is important to remember that every case is unique. The amount of compensation depends on your specific circumstances and the impact on your life.

The Bongiorno Law Firm works to secure maximum compensation for survivors. We document all damages carefully to build the strongest possible case. Our trusted attorneys fight for every dollar you deserve.

Who May Be Held Liable for Damages in a New York Sexual Abuse Lawsuit?

Your case may involve multiple defendants beyond the person who abused you. Organizations often share responsibility when they ignored warning signs or failed to act. Pursuing all liable parties maximizes your chances of receiving fair compensation. It also sends a message that institutions cannot hide from their failures.

Parties who may be held liable for sexual abuse in New York includes:

• The Abuser: The person who committed sexual abuse against the victim bears direct responsibility for their actions. Even if they have limited financial resources, holding them legally accountable matters. Their liability forms the foundation of your case.
• Employers: Companies can be held liable when sexual abuse happens in the workplace or involves an employee, especially in situations where supervisors ignored complaints or failed to investigate reports. Employers may also be responsible if they did not conduct proper background checks during the hiring process. Liability can extend to cases where the employer created an environment that allowed sexual abuse to continue.
• Schools and Universities: Educational institutions have a duty to protect students from harm. They can be held liable for failing to screen staff properly or ignoring warning signs. Schools may also face liability when they receive reports of sexual abuse but take no action. This applies to public schools, private schools, and colleges throughout New York.
• Religious Organizations: Churches and religious institutions can be liable when clergy or staff members commit sexual abuse. Liability often involves covering up abuse or transferring perpetrators to new locations. Religious organizations may also be responsible for failing to supervise staff with access to children. Many cases involve patterns of sexual abuse that leadership knew about but ignored.
• Healthcare Facilities: Hospitals, clinics, and medical practices can be held accountable for sexual abuse by doctors or staff. Liability applies when facilities fail to supervise medical professionals properly. They may also be responsible for ignoring patient complaints or previous misconduct reports. Healthcare institutions must maintain safe environments for vulnerable patients.
• Government Entities: State and local agencies can be liable if sexual abuse occurs in their programs or facilities. This includes foster care systems, juvenile detention centers, and state-run institutions

New York law holds institutions accountable for creating unsafe environments. This applies even if the abuser no longer works there.

The Bongiorno Law Firm investigates all potential sources of liability. We identify every party that contributed to the harm you suffered. This approach often leads to greater compensation for survivors.

Evidence Needed to Prove a Case of Sexual Abuse in New York

Strong cases rely on different types of evidence working together. Many survivors worry they lack enough proof to move forward. The truth is that sexual abuse cases rarely have perfect evidence. Your testimony carries significant weight, and experienced attorneys know how to build cases with the evidence available.

Types of Evidence May Include:

• Medical Records: Documentation from hospital visits, physical examinations, or treatment for injuries related to the abuse can establish a timeline and corroborate your account.
• Therapy Records: Notes from mental health professionals showing diagnoses of trauma, PTSD, or other conditions linked to sexual abuse help demonstrate the psychological impact you suffered.
• Witness Statements: Testimony from people who noticed changes in your behavior, heard you disclose the abuse, or witnessed suspicious conduct provides crucial support for your claims.
• Communications: Text messages, emails, voicemails, or letters where the abuser references the abuse, apologizes, or makes threats can serve as powerful evidence.
• Institutional Records: Documents showing prior complaints against the abuser, internal investigations, disciplinary actions, or policy violations demonstrate that organizations knew or should have known about the danger.

Physical evidence isn’t always necessary. Many successful cases rely on testimony and circumstantial evidence. Your account of what happened carries significant weight.

Choosing a New York Sexual Abuse Attorney to Manage Your Case

Selecting the right attorney affects your entire legal experience. There are several factors that can help you identify someone who is not only a qualified lawyer, but also someone who will protect your privacy and show compassion.

You’re absolutely right. Let me completely rethink this section with a survivor’s actual concerns in mind:

What to Look For

You want attorneys who have previously managed sexual abuse cases who also understand the psychological impact of abuse and won’t pressure you to discuss details before you’re ready.

• Clear Boundaries: Lawyers who explain the process upfront and respect your need to take breaks or pause when discussions become overwhelming.
• Privacy Protections: Firms that prioritize confidentiality and can explain how they’ll protect your identity throughout the legal process.
• Experience With Abuse Cases: Attorneys who regularly handle sexual abuse claims understand the unique challenges and won’t treat your case like a standard injury claim.
• Resources and Support: Firms with connections to therapists, victim advocates, and support services beyond just legal representation.

Trust your instincts during initial consultations. You should feel safe and believed, not judged or doubted.

Questions to Ask

• Will I have to face my abuser?
• Who will know about my story?
• Can I bring a support partner to meetings and legal proceedings?
• How do you handle setbacks?

The Bongiorno Law Firm offers free consultations to sexual abuse survivors and their families. We are compassionate, dedicated lawyers who work on contingency, meaning you pay us nothing unless we win your case.

What Should Survivors Expect During the Legal Process for a Sexual Abuse Case?

Your first step is a private consultation where you share what you’re comfortable discussing. Your attorney explains your options without pressure. You decide whether to move forward.

If you proceed, your legal team handles the investigation and evidence gathering. Most cases settle through private negotiations without going to court. Your attorney keeps you informed, and you control all major decisions, including whether to accept settlements.

If your case goes to trial, your attorney prepares you thoroughly for testimony. You can bring support people with you during difficult moments.

Cases typically resolve within one to three years. The Bongiorno Law Firm guides you through each stage with clear communication. We understand this journey is difficult and we’re with you every step of the way.

Why Call The Bongiorno Law Firm to Manage Your New York Sexual Abuse Claim

The Bongiorno Law Firm understands the courage it takes to come forward. We’ve represented countless injured victims and recovered over $500 million in compensation to help these individuals move forward with their lives.

Peter Bongiorno and his team are local New Yorkers who have extensive knowledge of the local courts and laws that affect your case. We create a safe environment where you can share your story and seek the justice and compensation you deserve.

Our firm works on contingency, so there are no attorney fees or upfront costs to pay. We only get paid if we secure compensation for you.