What is Considered Sexual Assault in NY?
Sexual assault under New York law is defined as engaging in sexual contact with someone without their consent. Section 130(3) of the NY Penal Code describes sexual contact to include physical touching of the intimate or sexual parts of an individual with the intent of gratifying sexual desire. This sexual contact could be made directly or through clothing.
Types of Sexual Assault
Many people mistakenly assume that sexual assault means rape, but rape is only one form of sexual assault under New York laws. Other forms of sexual assault may include sexual abuse, sexual misconduct, forcible touching, enabling a sexual offense using a controlled substance, and sexual conduct against a child. In many cases, the act of sexual assault is classified as a felony, considering the seriousness of the offense.
Filing a Civil Lawsuit for Damages
Most people are familiar with how the criminal justice system deals with the perpetrators of sexual assault crimes. Based on this, it’s critical to be aware that you can sue the offender and their enablers in the civil court too. Filing a civil lawsuit to claim financial damages provides an important way to obtain justice in sexual assault cases in New York.
New York attorney Michael S. Lamonsoff, Esq. and his legal team are committed to providing aggressive legal representation and support to you or someone you love, if wish to pursue a civil claim for damages and bring the perpetrators of sexual assault to justice. When you file a civil lawsuit through us, our goal will be to maximize your financial compensation for your medical costs, physical or mental therapy costs, loss of potential income, and non-economic damages such as emotional pain and suffering.
Claiming Damages from Third Parties
Under New York law, you are allowed to file a civil lawsuit for damages not only against the individual who committed the sexual assault, but also against any negligent third parties that contributed to it directly or indirectly. In many cases, it is possible that the sexual assault incident might have been prevented if an associated third party had taken appropriate preventive measures or had intervened to thwart the offense.
For instance, a security guard and/or a security agency may be held liable for failing to implement appropriate security measures expected of them at a public or private place. A school or college could be held liable for ineffective policies or for their failure to investigate sexual assault reports on the campus. Attorney Michael S. Lamonsoff has extensive legal knowledge and experience to pursue civil lawsuits against such third parties and make them pay for damages to the victims.
Examples of third parties against whom a potential civil claim for damages may be filed include:
- Businesses / employers
- Security guards / private security companies
- Schools, colleges & universities
- Sports clubs, sports leagues, and other recreational groups
- Priests, clergy, religious organizations
- Hospitals and medical centers
- Apartments and housing complexes
- Foster care institutions
- Nursing homes and other long term care institutions
It is noteworthy that a civil lawsuit and a criminal trial for a sexual assault offense in New York are entirely separate cases, and either case may not impact the outcome of the other.
It’s Time to Bring New York Sexual Assault Offenders to Justice
Award-winning attorney Michael S. Lamonsoff, Esq. has a formidable track record of wins in civil lawsuits on behalf of victims of sexual assault in New York. With the passage of powerful legislations, such as The Adult Survivors Act and the Child Victims Act, you have a stronger opportunity to pursue a case of compensation against the offenders once you have attorney Lamonsoff on your side. Call us at 212-962-1020 or fill out our online contact form to schedule a free and confidential consultation with us today.