According to the nation’s largest anti-sexual violence organization, RAINN, more than two out of every three sexual assaults go unreported. Rape survivors often hold back from speaking out because they fear their attacker or think that they won’t be believed. For others, it takes years to process their experience and gain the courage to share what happened.
You can still report rape even if you were a victim of a sexual assault years ago. Our New York sexual assault victims’ lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP can help you navigate the justice system and pursue claims in civil court.
It is important to understand the distinction between criminal sexual assault and civil sexual assault and which may apply to your situation.
Rape is a form of sexual assault and is a crime in the state of New York. A criminal rape case is brought by the state. The role of the victim(s) in a criminal case is to serve as a witness.
The purpose of a criminal case is to determine a defendant’s guilt or innocence. They are presumed innocent until proven guilty “beyond a reasonable doubt.” Possible penalties for a rape conviction include probation, jail time and registration on the state’s list of sex offenders.
A civil rape case is handled by the plaintiff and their New York sexual abuse and assault attorneys. The plaintiff and attorneys determine the type of evidence presented and what types of damages to seek.
Instead of suing the defendant for “sexual assault,” civil cases are brought on charges ranging from assault and battery to false imprisonment and intentional infliction of emotional distress. In a civil rape claim, the plaintiff must prove the defendant is at least 51 percent responsible for damages.
A defendant who is found liable may be required to pay damages to the plaintiff(s) including:
Although a criminal conviction is not required to proceed with a civil lawsuit, it helps bolsters your case if the person who assaulted you is found guilty of rape.
Send us a message or call (212) 684-1880 for a free consultation with our skilled and compassionate attorneys.
It is possible to hold multiple parties accountable in civil lawsuits. Even if a third-party person or organization did not commit your assault, you may sue them along with the perpetrator if they allowed the assault to happen. For example, employers, schools, churches, and security companies who fail to uphold their duty to protect others may be responsible for damages.
Support is always available for victims of sexual assault and sexual abuse. Here are some local and national resources for survivors of all ages:
New York sexual assault lawyers with Rheingold Giuffra Ruffo Plotkin & Hellman LLP know it takes immense courage to report rape and hold sexual abusers accountable. We explore all available legal remedies to achieve justice under the law.
A free and confidential consultation is the best way to discuss your case and determine how long you have to act. For many adult survivors of abuse, that opportunity closes in November 2023. Call or connect online to get started. Our legal team is proud to advocate for clients across the five boroughs of New York City and throughout New York State.
To schedule a free consultation with our legal team, complete our contact form or call (212) 684-1880.
We fight tirelessly to deliver results and we are not afraid to go to trial.
We are leaders and educators in legal issues involving personal injury, medical malpractice, and product liability.
We have the experience to handle your case all while providing individualized attention.
