New York Sexual Abuse Lawyers
According to the U.S. Department of Justice’s National Sex Offender Public Website (NSOPW), approximately 1.8 million adolescents in the United States are victims of sexual assault. The organization also notes that roughly 20 million out of 112 million women in the U.S. have been raped in their lifetime, while 28 percent of male rape victims were first sexually abused when they were ten years old or younger.
Sadly, only 16 percent of all rapes are reported to law enforcement.
Are these statistics jarring? They should be.
If you have survived sexual abuse, know that you need no longer suffer alone. With the compassionate support of our New York sexual abuse attorneys at Hach & Rose, LLP, you can fight back. We have years of experience representing survivors and can offer a helping hand when you need it most.
Every day, innocent people fall victim to sexual abuse, and that’s one more person left scarred for life. Sexual assault is a crime that is punishable with prison time, fines, or both, but at the end of the day, victims are left with emotional, physical, and psychological trauma that can linger for decades afterward.
If you or someone you love is a sexual abuse survivor, you may qualify for compensation. Contact our sexual abuse lawyers at (212) 779-0057 today for your free case evaluation.
The Many Faces of Sexual Abuse
Sexual abuse is an umbrella term that encompasses a wide number of improper sexual offenses that are performed on an individual when they haven’t given consent or are unable to. Because of this, almost any action that can be classified as sexual abuse can result in a sexual abuse claim so that the victim can receive justice and compensation.
The following actions are frequently cited as cases of sexual abuse:
- Unwanted Touching – When a perpetrator touches someone with their hands or another object in a sexual manner that is done without consent. This is a form of sexual abuse where a victim can file a sexual abuse claim through the civil court and try the offender in the criminal court.
- Drug-Facilitated Assault – Mostly recognized as using drugs to render the victim unconscious of assaulting them sexually, a.k.a. date rape.
- Intimate Partner Violence – Married couples and same-sex partners must also consent before initiating any sexual activity. Without consent, this type of behavior can be considered sexual abuse.
- Rape – Sexual contact performed without consent. A rapist can be tried in criminal and civil courts for their actions.
This is, by no means, an extensive list of sexual abuse encounters. Even if the form of sexual abuse you suffered is not listed above, you may still qualify to file a sexual abuse claim depending on the specifics of your case.
Contact the New York sexual abuse attorneys at Hach & Rose, LLP to explore your options.
Differences Between Civil & Criminal Court Regarding Sexual Abuse
Often, the trauma of sexual abuse can stay with the survivor for years after it has occurred, leaving them with heavy financial debts incurred due to treating many of the lasting physical, emotional, and mental wounds sustained.
But there is hope.
Significant differences exist between civil and criminal court proceedings, but both can play their role in your healing process.
In short, criminal charges are meant to punish the offender for the crime that was committed. Your abuser may pay high fines to the court, serve jail time, or both. The abuser is punished and prevented from committing further damage to the community, and the fines are paid to the criminal court.
But what about you?
Civil suits, on the other hand, focus solely on the victim of the crime and the physical harm, as well as the emotional damage that was done. This is where true justice comes into play. In a civil suit, you can obtain compensation for the pain and suffering you have endured as a result of sexual abuse.
Whether you want to file a criminal or civil claim against your abuser, you can depend on the experienced sexual abuse attorneys at Hach & Rose, LLP. Do not hesitate to contact us today at (212) 779-0057.
Red Flags of Potential Sexual Abuse
If you suspect that your child, a family member, or a friend is enduring some form of sexual abuse, there are a few red flags that may signify your suspicions are correct, including:
- A loss of appetite
- Sudden depression or anxiety
- Social isolation
- Substance abuse
- Self-harm (or thoughts of performing self-harm)
- Diagnosed with a sexually transmitted infection
- Nightmares
- Post-traumatic stress disorder
It is also not uncommon for victims to suffer from age regression which is when someone reverts back to social and emotional behaviors that were present right around the time the incident occurred. It is worth noting that exhibiting only one of the red flags mentioned above may NOT mean that they were sexually abused. However, if they are exhibiting more than one, you may need to seek professional help to uncover the true cause of these changes to their personality.
While perpetrators may not all act the same, there are some red flags that they may display which should not be ignored by family members concerned for the victim:
- Disrespecting a victim’s boundaries
- Discussing inappropriate topics with a victim without consent
- Showing an inappropriate amount of sexual interest in the victim
- Engaging in unwanted physical behaviors like:
- Hugging
- Kissing
- Touching
- Other unwanted physical contacts
You need to take a few steps before reaching out to an experienced sexual abuse attorney. Be aware, however, that time is of the essence.
What You Should Do If You Are a Victim of Sexual Abuse
First, start off by making sure you — or your loved one — are safe.
If your child is a victim of sexual abuse, you will want to remove him or her away from the location and situation where you believe the sexual abuse is occurring, such as:
Religious Institutions
Unfortunately, some religious leaders wrongly use their influence and the trust given to them to take advantage of children within their congregation. Because of their position in society, priests, ministers, rabbis, teachers, clergy, and other religious leaders are often trusted with the care and supervision of young members.
It is under these conditions which many children are “groomed.”
Oftentimes, families are unaware of the abuse and openly welcome the religious leader to spend time with their child, at times on a one-to-one basis.
- Inappropriate touching, contact, or fondling of children
- Drug/alcohol-facilitated assault
- Forcing children to undress
- Sexual harassment
- Unwanted sexual advances
- Forced sexual acts
- Coerced sexual acts
- Rape or attempted rape
- Exposure of private parts to a victim
- Taking sexualized pictures of a child
- Sexual harassment and threats
- Showing children pornography
If you know or suspect any sexual abuse between a family member or child and a clergy member, you must report it to the proper authorities.
Schools or Academies
The demographic group of victims of school employee sexual misconduct or abuse can vary greatly. However, several studies have shown that low-income female high school students are most likely to experience sexual abuse by a school employee.
As parents, it is important that we notice any unusual behavior in our children, including:
- Nightmares or sleeping problems
- Loss of appetite
- Mood swings
- Withdrawal
- Unusual fear of a certain person or place
- Dislikes physical contact
- Draws, writes or talks about adult sexual behaviors
Teens and adolescents may exhibit other out-of-character behaviors such as:
- Running away
- Becoming sexually promiscuous
- Using drugs or alcohol
- Appetite issues (excessive eating or dieting)
- Psychological issues (anxiety or depression)
Recognizing these cues can help parents or guardians to uncover the sexual abuse that is occurring. If you believe that your child is the survivor of abuse, it is important to:
- Maintain your composure and do NOT overreact
- Do NOT blame the victim for the abuse
- Do NOT demand details
- Do NOT minimize their experience
- Listen calmly and attentively to understand the full story
- Seek out medical care
- Notify law enforcement and the appropriate child services
- Seek assistance from trained professionals (i.e. psychologist/psychiatrist)
If you or a loved one has fallen victim to a sexual predator, call us right now at (212) 779-0057 to schedule a FREE consultation.
Foster Care
Tragically, children in foster care are often the victims of sex abuse. Sometimes, the very individuals entrusted with caring for and raising a child are the ones who perpetrate heinous acts of child sex abuse against them. Legally speaking, no one is capable of consenting to sexual acts until they reach a certain age, which in New York is 17.
Some of the most common types of child sex abuse that occur in foster care include:
- Rape
- Attempted rape
- Kissing
- Groping
- Digital penetration
- Indecent exposure to a child
- Producing child pornography and forcing a child to participate in sex acts
- Child sex trafficking
When a child goes to live with foster parents, it is usually because of parental neglect and abandonment, parental drug abuse or incarceration, or the loss of the child’s biological parents. While many foster parents provide a loving, supportive environment for children in need, some use the system – which is frequently underfunded and understaffed – to take advantage of children.
Children who are being sexually abused in foster care tend to be less likely to disclose the abuse because they simply don’t have another trusted adult in their life that they can turn to for help. They might also worry that their living situation could be threatened if they speak up.
If you endured sex abuse while in the foster care system, you could be entitled to pursue a civil claim against the people who hurt you as well as the foster care agency. In the latter case, you will need to show that the agency was negligent in that they failed to place you in a secure home environment that was free from abuse. Examples of negligence include failure to run necessary background checks and failure to take action when evidence suggested that abuse was likely occurring.
Foster care agencies and foster parents have an obligation to make sure that children have safe, stable housing. If you are a victim of foster care sex abuse, Hach & Rose, LLP can help you seek compensation for your losses.
Bullying
Sadly, children of all ages and grade levels can experience bullying at the hands of other children, especially when they are from a marginalized group. Bullying between students often occurs in schools and extracurricular programs and can take other forms, including sexual harassment. It is up to academic institutions to create a safe environment for all students, particularly children with disabilities, those who identify or present as LGBTQ, or who come from minority backgrounds.
If your child has been bullied by another student, you could potentially hold your child’s school or academic institution accountable for failing to intervene. Some common examples of bullying include:
- Punching and striking
- Pushing and shoving
- Tripping
- Mocking and insulting
- Using slurs or calling a student names
- Shaming a student for their identity
- Spreading false rumors about a student
- Online bullying, referred to as “cyberbullying”
Many students also experience harassment in school. While bullying and harassment are not the same, there is significant overlap between the two, and it is possible for bullying and harassment to occur at the same time. For example, if a student uses homophobic or transphobic slurs against an LGBTQ student, that would constitute both bullying and harassment.
If your child tells you that they have been bullied or harassed in school, you should immediately notify the school administration. If the school fails to reply or neglects to thoroughly investigate and put a stop to the mistreatment, you could pursue a civil claim against the institution. You can use your initial communication with the school’s principal to show that the school was aware of the issue but failed to act.
If your child is in a protected class and is subjected to harassment, you might have grounds to hold the academic institution responsible for violating your child’s federal civil rights. Students are protected from discriminatory harassment on the basis of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex. When this kind of discrimination occurs, schools are legally bound to address it.
Entertainment Industry Grooming and Trafficking
The entertainment industry creates fame, fortune, glamor, and –for some– grants immense amounts of power. In recent years, many entertainment industry figures’ abuses of their power have come to light, sparking hashtags, criminal investigations, and jail time. In many cases, these abuses were open secrets. Harvey Weinstein was widely known to have been threatening to irreparably damage actresses’ careers if they did not perform various sexual acts with him.
However, there’s an even more insidious underside to the entertainment industry, where sexual abuse and grooming of children is prevalent. In the 70s, actress Brooke Shields, then 11 years old, appeared nude in several scenes of the film “Pretty Baby,” in which she played a child prostitute. The sexualization of children in the entertainment industry continued to be astonishingly commonplace throughout the following decades. In the 90s, Michael Jackson was accused of grooming and sexaully abusing children. These allegations were settled without Jackson ever admitting to any wrongdoing. There was famously a “countdown” to the moment the Olsen Twins turned 18, and teenage pop stars including Britney Spears and Christina Aguilera were sexualized to a degree that would be considered inappropriate today.
Occasionally, the powerful people who are grooming and trafficking children do face charges and jail time. In 2022, R&B singer R. Kelly was sentenced to 30 years in prison after he was convicted of eight counts of sex trafficking. In 2024, rapper and music producer Sean “Diddy” Combs was accused of sex trafficking. Two of his homes have been raided by federal police in search of evidence of the allegations against him. We are following this situation closely.
Hach & Rose, LLP is experienced in helping the victims of child sex traffickers, and are diligent in helping them receive a semblance of justice for the traumatic experiences they were forced to live through. To learn more about sex trafficking and grooming in the entertainment industry, visit our Sex Abuse Survivors website.
Once the victim is in a safe environment, gently ask them about what it is you suspect is happening. At first, the victim may appear to be angry about the question or even outright deny it, but do not despair. This is a normal reaction.
If they do, in fact, open up to you and confirm what you suspect, do not hesitate to contact the local authorities so that they can start the criminal investigation process. Make sure to also seek out medical care for the victim.
We can also help victims of sexual abuse that occurred at:
- Youth Organizations
- A Friend’s House
- A Family Member’s House
New York Child Victims Act
Thankfully, the New York Child Victims Act will be providing sexual abuse survivors with more time to file a suit against the perpetrator.
The New York State Legislature passed the Child Victims Act in late January 2019.
This bill eliminates the statute of limitation for prosecuting child sexual abuse crimes and filing civil lawsuits for damages against individuals, public institutions, and private institutions related to child sexual abuse.
Under the new law:
- Survivors who suffered sexual abuse as children can file civil lawsuits against abusers and institutions until they are 55. The previous limit of age stood at 23 years old.
- There is a one-year “lookback window” during which sexual abuse survivors of any age or time limit can come forward to seek out legal prosecution against the perpetrator.
- Victims whose cases were previously dismissed for statute of limitations reasons can bring a new lawsuit.
- Victims whose cases were previously dismissed for failing to file a notice of claim or notice of intention to file a claim against a municipality can bring a new lawsuit.
- Individuals who were abused at public institutions can now file lawsuits against the organization without having to submit a notice of claim or notice of intention to file a claim.
- Survivors who suffered sexual abuse as children can file felony criminal charges against the offender until they turn 28.
- Victims can seek misdemeanor charges against the offending party until their 25th birthday.
- Law enforcement will now have more time to file charges against abusers.
Enlist the aid of the New York Child Victims Act attorneys at Hach & Rose, LLP by calling (212) 779-0057.
Types of Compensation for Sexual Abuse Claims
Calculations determining the amount of compensation you qualify for will consider many different areas in which the victim is affected. What can make these types of cases difficult to calculate, however, is the non-economical, emotional damages that impact victims financially.
Our skilled sexual abuse attorneys at Hach & Rose, LLP will help you accurately calculate all the damages you have suffered — be it physical, emotional, or mental — to estimate what your case is worth.
While being compensated for sexual abuse won’t be the end of your healing process, it can help you by covering the following:
- Relevant medical bills
- Pain and suffering
- Emotional therapy costs
- Damages for emotional distress (e.g., Post-Traumatic Stress Disorder)
- Diminished quality of life
Contact our caring, dedicated, and experienced sexual abuse attorneys at Hach & Rose, LLP by calling us today at (212) 779-0057 for your free case evaluation.
What a Sexual Abuse Attorney Can Do For You
Hiring an experienced sexual abuse attorney is your best chance at regaining a certain level of peace in your life, especially after suffering from such a traumatic incident.That’s why you want a law firm that has the experience necessary to help you obtain justice and financial recovery. When you hire Hach & Rose, LLP, not only are you getting sexual abuse lawyers that know the ins-and-outs of related laws, you are also receiving the peace of mind knowing that you have advocates working in your best interest as you focus on healing.Contact our team today at (212) 779-0057, or fill out an contact request form for your free and confidential case review."*" indicates required fields