How can we help?
- Legal help for survivors of sexual abuse in New York
- What is considered sexual abuse under New York law?
- Civil legal options for survivors of sexual abuse in New York
- Who can survivors hold responsible in a New York sexual abuse lawsuit?
- New York deadlines for sexual abuse claims
- What happens in a civil sexual abuse case
- Why survivors contact McNicholas & McNicholas
- New York sexual abuse frequently asked questions (FAQs)
Legal help for survivors of sexual abuse in New York
Sexual abuse can affect a survivor’s relationships, academic performance, work, and emotional health. Additionally, many survivors avoid speaking about what happened to them, sometimes for years. That delay in revealing what happened does not mean that the abuse didn’t severely harm the person or that it wasn’t serious. People process trauma in different ways, and there are many reasons they may choose not to speak, sometimes for years.
Whether it’s out of fear of the abuser, concern over not being believed, or an attempt to just forget and move on, we understand that it can take time to have the courage to speak up. The law also acknowledges this reality, which means you may be able to file a claim even if years have passed since the abuse.
What is considered sexual abuse under New York law?
Both sexual abuse and sexual assault can involve any nonconsensual sexual contact, conduct, or exploitation. Claims involving sexual abuse may include:
- Unwanted sexual touching
- Forced sexual acts
- Use of coercion, threats, force, or intimidation to engage in sexual conduct
- Sexual contact involving a person who could not legally consent (i.e., because of age or cognitive impairment)
- Abuse by a person in a position of trust or authority (such as a teacher, therapist, or religious leader)
- Child sexual abuse
- Abuse by a member of a religious institution
- School or youth organization abuse
- Abuse in medical, counseling, institutional, employment, detention, or care settings
In many of these cases, the potential liability extends beyond the actual abuser. For instance, a school, church, or sports organization may share responsibility for what happened if they didn’t take steps to prevent or stop the abuse. If you don’t know the legal terminology that applies to your case, or you’re unsure if you have a valid claim, you should speak to an attorney.
Civil legal options for survivors of sexual abuse in NY
Sexual abuse can result in both civil and criminal cases. Criminal charges can arise if the survivor reports the abuse to law enforcement. Following a criminal investigation, the state may choose to file criminal charges against the perpetrator. However, that is up to the prosecutors; the survivor may be a witness, but does not control if or how the case proceeds. The punishment for a defendant found guilty in a criminal sexual abuse case might be prison. There is a high bar for finding someone guilty in a criminal case as jurors must determine guilt “beyond a reasonable doubt.”
Civil cases are different. Usually, these are filed by the survivor and focus on recovering damages from the abuser and institutions or organizations that failed to prevent the abuse or actually enabled it. These claims are a different way of seeking accountability, and they can help the survivor move on by providing compensation for the losses suffered – things like therapy costs, medical bills, lost income, and emotional and psychological harm. There is a different standard for civil cases, which need to be proven by a “preponderance of the evidence.”
It’s possible to bring a civil case even if no criminal charges are ever filed. Also, because the standard of proof is different, someone may be found civilly liable even if they are not convicted in a criminal matter based on the same facts and evidence.
If you are hesitant to call a lawyer because you did not call the police to report the abuse, don’t worry. You don’t have to speak to law enforcement to have a valid civil case.
Who can survivors hold responsible in a New York sexual abuse lawsuit?
It may be possible to hold multiple parties responsible in a sexual abuse case, depending on the facts. The individual abuser is the most obvious possible person to bring the claim against, but there are other potentially at-fault parties as well. Some examples include:
Schools
Students who are abused by teachers, coaches, and other staff members may have a claim against the school. Sadly, there are cases where dozens of students may have been abused by a teacher, only to have their allegations dismissed or ignored for years. In such circumstances, a claim against that school may be possible.
Religious organizations
Sexual abuse cases against the Catholic Church are now well-known, but this type of abuse can potentially happen in any religious organization. Religious leaders are often in positions of trust and have access to children and other vulnerable people. If the institution ignores allegations, it may bear some of the fault for the abuse.
Youth organizations, camps, and sports programs
Another high-profile sexual abuse scandal involved the Boy Scouts. The organization had files going back decades on abusers, and tens of thousands of former scouts reported being abused. Programs that give adults access to children need to be carefully scrutinized, but sometimes, these institutions work to hide the abuse rather than expose and eliminate it.
Foster care or residential care facilities
The rate of sexual abuse in foster care is terrifying. Some research indicates nearly 20% of girls in foster care report sexual abuse, along with about 10% of boys. Also, a shockingly high number of sexual abuse cases were exposed throughout the “troubled teen” industry.
Medical providers or healthcare facilities
Patients should be able to trust their medical providers, but in some cases, doctors have abused that trust. There have been a number of high-profile sexual abuse cases against doctors, including neurosurgeons, pediatricians, and other medical providers.
Therapists or counseling providers
Therapists are meant to provide support for their patients, but some sexual abusers take advantage of the intimate therapy setting.
Landlords or property owners
In limited circumstances, property owners and landlords may be liable for negligent security practices if sexual abuse or assault occurs on their property because of their failure to take adequate preventative measures.
While the abuser is the primary party responsible, organizations may share liability for a number of reasons, including ignoring warning signs or prior complaints, or because they were involved in covering up for the abuser. If you’re unsure whether you have a strong sexual abuse claim against a New York institution or organization, call McNicholas & McNicholas.
New York deadlines for sexual abuse claims
For many victims, it takes years to come forward and seek justice for their abuse. New York State has previously extended and expanded the statute of limitations for these claims in order to permit survivors of sexual assault to file claims. Some civil claims involving certain sexual offenses may have a 20-year filing period. Childhood sexual abuse claims in particular may have extended filing periods.
The lookback window for abuse claims in New York City remains open until July 2027. Our lawyers can review your claim and determine whether you can file using these recent laws.
If you’re unsure whether you can file a claim in New York, call us today so that we can give you an answer based on the facts in your case.
What happens in a civil sexual abuse case
The first step to take is to schedule a confidential consultation with a sexual abuse lawyer. During that initial consultation, you don’t have to share everything, but we can ask you about the timing, location, your age at the time, the abuser’s identity, and other basic facts. An associated New York counsel can help evaluate the applicable New York law, deadlines, venue, and filing strategy so that we can help you understand your options.
If we’re proceeding with the claim, we can start collecting evidence. This may include survivor and witness testimony, medical records, therapy records, organization records, law enforcement documentation, texts, emails, and anything else we can find that will help us build the claim.
Where possible, we can move forward with a civil lawsuit by filing a complaint in the appropriate New York court. Once the complaint is filed, the defendant will have an opportunity to respond.
The next step is discovery, in which both sides exchange information. Both sides’ attorneys may take depositions (formal interviews under oath), seek institutional documents, policies, complaints, and records. The information we gather during this phase will allow us to build out our case strategy.
Some cases resolve through settlement, while others will eventually go to trial. We work to keep you informed throughout the process and discuss any major decisions with you. You don’t have to face any of this alone. We can be there as your advocates throughout the process.
Why survivors contact McNicholas & McNicholas
At McNicholas & McNicholas, our team of trial lawyers has handled many high-stakes cases with care, compassion, and relentless advocacy. We’re prepared to take on powerful defendants, including institutions and organizations that may be partially responsible for allowing the abuse to occur or persist.
We also have the resources to investigate and prepare complex sexual abuse cases. Our team partners with New York-licensed lawyers on New York matters to ensure that you are represented by a New York-licensed lawyer who has experience handling sexual abuse matters. Patrick McNicholas and Matthew McNicholas have both handled many institutional sexual abuse cases. We know how sensitive these matters are, and we approach each case with confidentiality and compassion.
New York sexual abuse frequently asked questions (FAQs)
The best way to get answers to your questions is to speak directly with an attorney. However, here are a few answers to common questions for quick reference.
Can I file a civil sexual abuse lawsuit in New York if no criminal charges were filed?
Yes, civil and criminal claims proceed entirely separate from one another. There is no need to show that the abuser was arrested, charged, tried, or convicted.
What if the abuse happened when I was a child?
New York law offers some pathways for childhood sexual abuse survivors to bring civil claims even if years have passed since the abuse, but a lawyer should review the timeline to make sure your case qualifies.
Will my name become public?
Not necessarily. There can be ways to limit your exposure, depending on the specifics of the case. We may be able to request privacy protections, the use of initials or pseudonyms, protective orders, or limits on the disclosure of sensitive information.
What does it cost to talk to McNicholas & McNicholas?
Nothing. Initial consultations are free. Your case will be reviewed by a New York-licensed lawyer who we partner with to hold sexual abusers accountable. Our team handles cases on a contingency fee basis, which means our fees would be a percentage of your recovery if your claim reaches a successful settlement or verdict.
What compensation may be available in a sexual abuse lawsuit?
A successful sexual abuse lawsuit can result in compensation for your actual financial losses (such as for medical expenses and therapy) as well as for your pain and suffering. It’s impossible to give an exact number, but we can start to determine what we believe your claim could be worth once we have all the facts.
Best Lawyers
Super Lawyers
ABTA
ACTL
Best Law Firms
