Sexual Abuse Attorney Serving Plaintiffs In Albany, NY
More people than you might think are victims of sexual abuse and sexual assault. Indeed, according to the Rape, Abuse & Incest National Network (RAINN), as many as 60,000 children are victimized by sexual abuse every year, while more than 320,000 people aged 12 and older in the U.S. are sexually assaulted or raped. At Powers & Santola, LLP, we know how difficult it can be to consider filing a lawsuit after surviving a violent crime, but we also believe that survivors of sexual abuse and assault deserve the opportunity to hold the responsible party accountable and to seek financial compensation for their losses.
New York recently passed a law concerning child sexual abuse, which gives victims more time to file a civil lawsuit. In addition, New York law permits survivors of sexual abuse and assault to file civil claims against the abuser and any other party who may be responsible. However, you must act quickly. Albany sexual abuse claims must be filed within a limited period of time, and an Albany sexual assault lawyer can assist you.
Types Of Sexual Abuse & Assault Claims In Albany
A person who has been sexually abused or assaulted should learn more about the different types of civil claims for which they may be eligible. Generally speaking, most sexual abuse and assault claims in Albany will fall into one of the following categories:
- Child Victims Act (CVA): This law recently took effect in New York and significantly extends the statute of limitations for child sexual abuse lawsuits. For the first year, any person who was a victim of child sexual abuse, regardless of that person’s age now, can be eligible to file a lawsuit against the abuser or another responsible party. This is true regardless of the amount of time that has passed since the initial child sexual abuse. However, after one year (which ends in August 2020), the law will only allow persons up to the age of 55 to file a claim for child sexual abuse. Even after the initial one-year period, the CVA still gives most child sexual abuse victims an extremely long time to file a claim. A person can file a claim regardless of whether the alleged abuser has faced or been convicted of criminal charges.
- Assault civil lawsuit: New York law allows a victim of assault, including sexual assault, to file a lawsuit against the perpetrator. For assault claims, the statute of limitations is usually only one year from the date of the crime. As such, it is extremely important to seek advice from an Albany sexual abuse lawyer as soon as possible to learn about your eligibility. It is important to know that a victim can file an assault lawsuit even if the perpetrator was never charged with a crime. Civil lawsuits are separate from criminal prosecutions. Your lawyer can work with you to gather evidence to prove that the perpetrator is responsible.
- Premises liability lawsuit: In some sexual assault cases, a party other than the perpetrator may bear some responsibility for the crime or violent act. When it comes to premises liability, a sexual assault might occur because a property owner fails to take steps to make the premises safe (and thus to prevent a sexual assault from occurring). For example, if a restaurant or retail store owner knows that sexual assaults have occurred before in his or her parking lot, that property owner’s failure to install lighting or other safety measures could mean that she or he is liable if a sexual assault happens. Similarly, if a hotel fails to provide functioning locks on doors or windows and a guest is sexually assaulted as a result, the victim may be able to file a premises liability lawsuit against the property owner.
There may be additional situations in which a person can file a civil lawsuit for a sexual assault. For instance, an employer’s failure to properly conduct a background check on an employee could result in the employer being liable for the employee’s behavior. If you have questions about filing a civil lawsuit after sexual abuse or assault, you should discuss your concerns with an Albany sexual abuse lawyer.
Contact A Sexual Abuse Lawyer In Albany
If you or someone you love was the victim of sexual assault or abuse, it is important to learn more about the options that may be available to you. Cases involving sexual abuse and sexual assault are not just criminal cases. While criminal charges can subject an abuser or perpetrator to criminal penalties, a civil lawsuit can allow a victim to seek financial compensation for losses. An experienced and compassionate Albany sexual assault attorney can assist with your case. Contact Powers & Santola, LLP to learn more about the services we provide to plaintiffs in New York.