Unfortunately, sexual harassment is too common in the workplace. Sexual assault is even worse and can take place anywhere. If you were sexually assaulted on a company’s property or by someone from within the company, you may be able to file a lawsuit depending on the circumstances. Sexual assault victims can file a civil lawsuit even if the perpetrator was not criminally charged or was acquitted in a jury trial.
A New York sexual assault lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP can hold those at fault in your situation accountable and help you receive the maximum compensation for your injuries. We have secured numerous substantial sexual assault verdicts in New York against both individuals and powerful institutions such as churches, schools and corporations.
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Sexual harassment and sexual assault are not synonymous. While sexual harassment addresses unwelcome physical or verbal attention and is generally a civil action, sexual assault involves the penetration or attempted penetration of the victim’s body or unwanted sexual touching. It is rape or a form of rape and a criminal act.
New York criminal law categorizes sexual assault in the following areas of severity:
There are also several sex crime categories for child victims, as well as those who are mentally or physically incapacitated and cannot provide consent for sexual acts. View the link above to see a complete list. Or reach out to a trusted and compassionate lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP, who can help you understand how to categorize the assault, and how to move forward.
Steps to Take When Filing a Sexual Assault LawsuitGet yourself in a safe place after the assault and report the crime to law enforcement. While you are not legally obligated to report a sexual assault, it is necessary if you want the perpetrator investigated and charged with a crime and may strengthen your civil sexual assault lawsuit.
A successful civil sexual assault lawsuit requires strong evidence. Although the assault was traumatic, it is critical to receive medical attention as soon as possible. Documentation from medical professionals can prove the assault took place. The Sexual Assault Forensic Exam (SAFE) Program in hospitals provides examinations and preserves evidence.
While the first instinct of many sexual assault victims is to take a shower immediately, avoid doing so before undergoing a medical exam. In addition, do not change your clothes. Save any clothing you were wearing at the time of the assault. These items may contain the assailant’s DNA and other contaminants that might be critical in proving your case.
It is vital to consult a compassionate New York sexual abuse and assault lawyer who, after a thorough investigation, will determine whether any third parties, including corporations, may hold liability in your case.
While the person committing the sexual assault can be held liable, they are not the only party the victim can name in the lawsuit. New York law also allows victims to file civil lawsuits against third parties whose negligence directly or indirectly contributed to the attack.
For instance, if the sexual assault took place on a company’s premises and lax security allowed the perpetrator to enter the building, the company could be held liable.
If you were sexually assaulted by a fellow employee, your employer may prove liable. Perhaps the assailant had a sexual assault charge on their record, and your employer did not conduct a criminal background check prior to hiring that person. If you reported sexual harassment to a manager but nothing was done, and the harasser later sexually assaulted you, the employer could be held liable.
A company can be held liable for the sexual assault of an employee in New York under several circumstances, particularly if the company failed to take appropriate measures to prevent or respond to the assault. Some of the most common examples where a company may face liability include the following:
A company may be liable if it failed to properly screen, supervise, or train employees, and this negligence led to the sexual assault. For example, if the company knew or should have known about an employee’s history of inappropriate behavior or violence and failed to take action, it could be held responsible.
Under the doctrine of respondent superior, a company can be held vicariously liable if the assault occurred while the perpetrator was acting within the scope of their employment. This is more common in cases where the perpetrator’s role gave them authority over the victim, e.g., a supervisor or manager.
If the company fosters a hostile work environment through widespread sexual harassment, allowing such behavior to go unchecked, it can be held liable for any resulting sexual assault. A hostile work environment occurs when sexual harassment or misconduct is so pervasive that it alters the conditions of employment.
A company can also be held liable if it fails to take prompt and appropriate action after learning of the assault or harassment. Under state and federal laws, employers are obligated to address sexual harassment and assault complaints in a timely and effective manner.
If a company retaliates against an employee for reporting sexual assault, such as by demoting, firing, or harassing them further, it can face additional liability. Retaliation is illegal under both New York State and federal law.
Damages, or compensation, in a sexual assault case may include:
Survivors often encounter challenges when filing a lawsuit for employer sexual assault. An experienced NY sexual abuse lawyer can help you overcome them. Consider the following:
As noted, employees often worry about retaliation from their employer or coworkers, which can include being fired, demoted, harassed, or ostracized after reporting the assault. It’s important to remember that legal protections exist under federal and state laws, such as Title VII of the Civil Rights Act and New York’s anti-retaliation laws.
Employers typically have access to extensive legal resources, including lawyers and insurance that covers liability claims, which can make pursuing a lawsuit intimidating and financially burdensome for an employee. However, our attorneys can guide you through the legal process and help balance the power dynamic.
One of the main challenges is proving that the employer is directly or indirectly liable for the assault. The employee must show that the company was negligent in hiring, supervising, or addressing previous complaints or that the assault occurred within the scope of employment. Trust our team to gather sufficient evidence, such as witness statements, internal complaint records, and documentation of workplace policies and responses, to prove employer liability.
The emotional toll on survivors of sexual assault at work can be profound and long-lasting, often affecting multiple areas of their lives. Survivors may experience a range of psychological, emotional, and physical responses as they process the trauma:
After an employer sexual assault, survivors may experience difficulties advancing in their careers due to their emotional struggles, lost time, or diminished job performance. In some cases, they may feel unable to pursue promotions or new opportunities due to reduced confidence, fear of workplace dynamics, or trust issues with supervisors and colleagues.
Many survivors feel compelled to quit their jobs after an assault, particularly if it happened at work or involved a coworker, supervisor, or client. The psychological toll and potential for ongoing harassment or hostility in the workplace can make staying untenable. This forced job change or career shift can disrupt a survivor’s professional trajectory, financial stability, and long-term career goals.
If you or someone you know was the victim of a sexual assault, you need the help of the experienced New York Sexual Abuse and Assault Lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP. Schedule a free, no-obligation consultation today. Our attorneys work with a psychotherapist to ensure clients are handled sensitively in a trauma-informed manner. Because we work on a contingency basis, you pay no fee unless you receive compensation.
Call (212) 684-1880 or complete our contact form to schedule a free consultation with our sexual abuse and assault lawyers in New York.
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