Brooklyn Sexual Abuse Lawyer
Abuse in any form is extremely difficult for a victim to face. Some victims of abuse may be led to think that they did something wrong, or that they might be the one to blame. This possibility is even stronger when it comes to cases of sexual abuse.
If you have been the victim of a sexual abuse, first realize that you are not alone. There is nothing to be ashamed about.
According to the Rape, Abuse & Incest National Network, approximately 17,700,000 women were victims of rape since 1998. And that is just one type of abuse. If you have been the victim of any type of abuse, you should seek legal help immediately to obtain justice. Many victims do not realize that sexual abuse is not only a crime, but can be the subject of a civil lawsuit as well. A personal injury lawyer can help you determine what choice you want to make about how to respond to the tragedy that has changed your life.
Contact a Brooklyn sexual abuse lawyer who can provide advice and counsel for your claim and can determine whether the strategy requires seeking an order of protection, obtaining police involvement, or filing a lawsuit to recover money damages in a court of law. En Español.
Who Can Sue and Be Sued
In a case brought on behalf of an abuse victim, generally the victim and the victim’s caregiver – a parent or legal guardian, for instance – have legal standing to file a claim.
Depending on the type of claim, there may be a variety of individuals or organizations that should be the subject of a civil lawsuit arising from a case of sexual abuse, including:
- Nursing Homes
- Day Cares
- Summer Camps
- Religious Organizations
- Foster Homes
It is common for victims to think only of the immediate aggressor. However, in the case of a teacher being an abuser, the school principal or superintendent may also be held accountable.
In the case of a camp counselor being an abuser, the individual that negligently hired the counselor may be required to answer for this negligence as well.
Speaking to a Brooklyn sexual abuse lawyer is important to determine who should be held responsible for a particular claim of sexual abuse.
Statute of Limitations
In New York, it is important to be mindful of the statute of limitations. The statute of limitations determines how much time is available to sue for a particular claim. An act of ordinary negligence carries a time limit of three years. A case of sexual abuse, if treated as an intentional tort, has only a one-year statute of limitation.
A minor who was sexually abused may file a lawsuit within five years of reaching the age of majority, age 18. Under N.Y. Civil Prac. Law §213-c, actions for civil lawsuits involving monetary damages for certain sexual crimes, including sexual abuse of a minor, may be brought within five years of the sexual offense.
Failure to file a lawsuit within these strict time parameters may result in the claim becoming barred, meaning the victim will never be able to sue for that claim.
Speak to a Brooklyn Sexual Abuse Lawyer Today
If you have been the victim of sexual abuse, you must seek out justice for your claim. Speaking out for yourself is just one step along a very long road to recovery. Your voice may also give courage to others who have been similarly abused.
If you do not seek justice, the person or persons who wronged you may never be punished for the harm that was caused. In fact, the Rape, Abuse & Incest National Network estimates that 99 percent of perpetrators of sexual violence will walk free.
If you or a loved one is the victim of a sexual abuse, contact a Brooklyn sexual abuse lawyer who can fight for you.