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Long Island Sex Abuse Lawyer
Key Takeaways
- Our Long Island sexual abuse attorneys at Edwards Henderson can help you file a civil sex abuse lawsuit against the abuser and any third party facilitators.
- A survivor of Long Island sexual abuse may choose to file a civil lawsuit, pursue a criminal trial, or undertake both, against the parties responsible for the crime.
- A survivor may also hold liable a third party that facilitated the crime, such as a school, hospital, workplace, religious institution, cruise ship, sports institute, or any other organization or business entity.
Long Island Sex Abuse Lawyer
Sexual abuse is one of the heinous crimes one may commit against another individual, especially a child. Anyone regardless of race, age, gender, or economic status, may be a survivor of sexual abuse on Long Island.
If you or a loved one is a sex assault survivor in the Long Island area, remember you are not alone. We understand how difficult and isolating the process of coming forward to report sexual abuse could be. Our Long Island sexual abuse attorneys at Edwards Henderson can help you file a civil sex abuse lawsuit against the abuser and any third-party facilitators. Reach out to us for a free and confidential consultation today.
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What Is Sexual Abuse?
The Office on Violence Against Women by the U.S. Department of Justice defines sexual assault as a violent crime against a person’s body and will. Sexual abuse may involve sexual assault, exposure to sexual activities such as forcible viewing of child pornography, rape or attempted rape, and any other nonconsensual sexual activity, conducted with or without direct contact.
If you are a survivor of such sexual abuse that falls under the jurisdiction of Long Island, you may consider working with a Long Island sexual abuse attorney to figure out your next steps.
Who May Qualify for a Civil Sexual Abuse Lawsuit
A survivor of Long Island sexual abuse may choose to file a civil lawsuit, pursue a criminal trial, or undertake both, against the parties responsible for the crime. A civil sexual abuse lawsuit may operate independently of any criminal action against the abuser. Unlike a criminal case which necessitates a court finding the abuser guilty of sexual abuse beyond reasonable doubt, a civil lawsuit only requires the defendant to be liable based on the preponderance of evidence standard.
Further, due to the nature of a criminal trial, the reasonable doubt standard calls for substantial evidence to prove sexual abuse. A civil sexual assault lawsuit enables a survivor to present the specific evidence that may establish the defendant ‘more likely than not’ conducted the abuse. A Long Island sex abuse lawyer can assist you in filing a civil lawsuit, whether or not you decide to also pursue a criminal penalty against the perpetrators.
Who Is Responsible for Long Island Sexual Abuse?
There may likely be more than one person responsible for sexual abuse. A survivor may also hold liable a third party that facilitated the crime such as a school, hospital, workplace, religious institution, cruise ship, sports institute, or any other organization or business entity. Such third parties are responsible when they did not take necessary preventative measures, failed to report any suspected criminal behavior or abuse, or deliberately trample any evidence of sexual abuse to protect the perpetrator or the associated organization.
Additional ways by which an entity may be accountable for sexual abuse in Long Island include:
- Neglect in conducting employee background checks and referring alleged sex abuse investigations to proper authorities.
- Failure to terminate and/or restrict an alleged abuser’s access to minors
Failure to enact sexual abuse policies mitigating any instances of abuse, such as by overlooking to enforce comprehensive sexual harassment policies at the workplace or by limiting one-on-one interactions between a known adult sexual abuser and children (for example, in psychiatric facilities).
Civil Sex Abuse Lawsuit Survivor Benefits
In the aftermath of sexual abuse, survivors may suffer from emotional and mental trauma, bodily harm such as anal and genital injuries, sexually transmitted infections, and unwanted pregnancies, as well as long-term psychological issues like post-traumatic stress disorder, depression, suicidal ideation, and/or anxiety.
A civil lawsuit can help you attain the necessary compensatory damages to validate your losses and provide you the resources for therapy bills, psychiatric prescription drugs, loss of wages, medical expenses, and damages for pain and suffering. The effects of sexual assault are profound and multifaceted, making financial compensation all the more essential.
What Is the Statute of Limitations Period to File a Long Island Sex Abuse Lawsuit?
If you decide to take action against your abuser and file a civil lawsuit, you must bear in mind the relevant statute of limitations as applicable in the state of New York. Long Island childhood sexual abuse survivors have until the age of 55 years to file a civil lawsuit. For adults, the period ranges from three years in general cases to 10 years for third-degree rape and sexual abuse and 20 years for second-degree rape and sexual abuse. A Long Island sexual abuse lawyer can help you answer questions on jurisdiction and statutory limitations so you may bring a lawsuit on time at the appropriate court of law.
New York Adult Survivors Act
Under the New York Adult Survivors Act, Long Island adult survivors of sex abuse now have a one-year lookback window to file a civil lawsuit, allowing additional time for what would otherwise be an expired sexual abuse claim. This extension is essential in giving survivors time to process the trauma and perform the necessary actions to fight for justice.
Prior to the extension granted under the lookback window, it was not possible to pursue a civil lawsuit if a survivor did not bring their claim within the limitations period. The New York Adult Survivors Act has changed that, allowing survivors more time to prepare and bring a lawsuit.
New York Child Victims Act
The U.S. Center for Disease Control and Prevention specifies one in four girls and one in 13 boys experience child sexual abuse; sadly, many such children are unable to report the abuse. This may be due to factors like the abuser’s chronic emotional manipulation and grooming tactics, fear of retaliation or other unwanted consequences, confusion and lack of comprehension, trauma, misplaced feelings of guilt and shame, and other complex reasons.
Fortunately, the New York Child Victims Act provides some relief by ensuring that child sex abuse survivors have until the age of 28 years to file felony charges against the perpetrator, and until the age of 55 to file a civil lawsuit.
What to Look For in a Long Island Sex Abuse Lawyer
If you or someone you know is a survivor of Long Island sex abuse, you may consider getting in touch with a sex abuse attorney who can help you understand your legal rights, gather evidence, and bring a civil lawsuit if necessary.
Our Long Island sexual abuse lawyers at Edwards Henderson are experienced and reputed across the nation. We have secured many successful verdicts for our clients, including for the survivors of Jeffrey Epstein’s sexual abuse. Our team of compassionate and hard-working lawyers will strive to help you attain the maximum compensation possible for your damages. You may contact us today for a free case review to learn more.