Westbury Sexual Assault Lawyer
Sexual assault is a traumatic experience that affects far too many people. In New York alone, sex crimes involving groping and forcible touching jumped 8.4 percent from 3,573 incidents in 2017 to 3,873 in 2018.
If you are a survivor of sexual assault and want to exercise your right to recovery, it could be substantially beneficial to seek legal counsel. Compiling legal documents, gathering evidence, and navigating courtroom procedures may be difficult without the support of an experienced personal injury attorney. A compassionate Westbury sexual assault lawyer could guide you through the process to ease your burden and obtain compensation on your behalf.
Criminal Charges in Sexual Assault Cases
Sexual assaults generate two kinds of legal implications, civil and criminal liability. Depending on the circumstances, those that commit sexual assault could be prosecuted criminally for their crimes as well as held liable in civil claims for damages to their victims.
New York Penal Code §130 outlines acts which give rise to punishable sexual offenses as well as the varying degrees of misconduct. NY Penal L §130.52 defines forcible contact as intentionally and meaninglessly touching another person’s intimate body parts for the purpose of degrading or abusing them or gratifying their sexual desires. The penalty for forcible touching is a class A misdemeanor.
Types of Sexual Assault Cases
The stature also describes different types of sexual offenses and their correlating penalties. Crimes of this nature are categorized according to the severity and are defined by first-, second-, and third-degree tiers. A seasoned Westbury sexual assault attorney could help a claimant discern which type of abuse occurred in order to obtain adequate compensation for their losses. Examples of punishable sexual offenses include:
- Criminal sexual acts
- Forcible touching
- Sexual abuse
- Aggravated sexual abuse
- Predatory sexual assault
Filing a Civil Claim
In addition to criminal liability, sexual abuse survivors may file a civil suit against their perpetrators and other liable parties to recover monetary damages. Though there is no civil cause of action for sexual assault, plaintiffs could file a personal injury lawsuit based on assault and battery or intentional infliction of emotional distress.
A plaintiff in a civil suit is responsible for proving a perpetrator’s guilt through a preponderance of the evidence, or by establishing that they are more than 50 percent likely to have committed the abuse that gave rise to the personal injury claim. Fortunately, a dedicated sexual assault lawyer in Westbury could help survivors compile crucial evidence and build a strong case to prove an abuser’s wrongdoings.
Sexual assault survivors may pursue economic and non-economic damages in civil claims. Economic damages include medical bills, lost wages, out-of-pocket expenses, and rehabilitation costs caused by sexual assault. Non-economic damages compensate intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages could also be awarded to punish an at-fault defendant if their conduct was particularly egregious. For help with recovering damages, contact a compassionate lawyer.
Consult a Westbury Sexual Assault Attorney Today
Perpetrators of sexual assault should be held accountable for their actions, and you deserve to be compensated for the pain you have been subjected to. You should enlist the help of a skilled Westbury sexual assault lawyer to review your potential legal avenues to recover your losses. To learn more about your legal options, call now for a consultation.