Sexual abuse refers to any type of illegal or coerced sexual conduct against another individual. A wide range of offenses fall into this classification, which is not constrained to physical contact alone. Sexual abuse can include acts of sexual touching, rape, indecent exposure, forcing another individual to view or participate in pornography, and contributing in [...]

Yes. A case for sexual assault can be pursued in both criminal and civil court. In civil courts, there is no cause of action for “sexual assault”. Instead, the victim would file a lawsuit for one or more of a number or torts (wrongful acts that caused harm to a victim). Assault Battery Intentional infliction [...]

A criminal case for sexual assault is pursued by the District Attorney of the County in New York where the incident occurred. The burden of proof in criminal court is high. The sexual assault must be proven “beyond a reasonable doubt”. The standard of proof in a civil case is different, it is a lower [...]

No.  Even if the defendant was not convicted at a criminal trial or there is no corresponding criminal case at all, the victim may still be able to pursue a civil case.

The person who committed the acts is not the only person who can be named in a civil lawsuit. The victim may also choose to name a third party, such as a school, a company, or an institution where the assailant worked or lived, who may also be responsible. One strategic reason for doing this [...]

Any damages in a civil lawsuit are monetary and meant to help compensate the victim for expenses as a direct result of his or her injuries. The injuries and damages taken into consideration may be economic such as medical bills, lost wages, lost earning capacity, future medical costs, or non-economic such as pain and suffering, [...]

Claims in New York for intentional torts such as assault, battery, intentional infliction of emotional distress, and false imprisonment, must be brought within 1 year of the act. These intentional torts are the most common causes of action when pursuing sexual assault or harassment in civil court. Claims in New York for negligence, such as [...]

Sexual assault is characterized by intentional physical contact that a victim does not or cannot consent to through the use of force, threats, intimidation, or abuse of authority. Sexual harassment involves unwanted, inappropriate sexual advances, including suggestive gestures, language, or touching.

“Revenge Porn”, also called “Unlawful Dissemination or Publication of an Intimate Image” is a crime in New York. If you are a victim of this type of conduct, you have several rights, including the ability to file a civil lawsuit. Pursuant to the New York Civil Rights Law, a judge or jury can award injunctive [...]