Rheingold Giuffra Ruffo Plotkin & Hellman LLP has extensive experience handling high-profile civil sexual assault cases in New York, including representing plaintiffs in cases against Harvey Weinstein, Sean ‘P Diddy’ Combs, Dr. Robert Hadden and Dr. Darius Paduch. Led by renowned attorney Thomas P. Giuffra, our firm offers empathetic, professional, and individualized representation on our clients’ behalf, as we believe every case requires diligence and sufficient resources invested.
To ensure our clients receive the bespoke attention their cases deserve, we retain an array of professionals on staff, such as an accredited psychologist, to guarantee our legal team is equipped to handle cases of this type in a trauma-informed manner.
At our firm, we understand how crucial it is for survivors to remain anonymous to protect their well-being, safety, career trajectories, and reputations. Many of our clients are able to remain anonymous as cases are settled out of court. Additionally, our attorneys believe in doing what is best for the client and provide honest legal advice regarding how to proceed with a case and settlement.
Discussing a civil sexual abuse claim requires courage, but our expert attorneys are skilled in handling these cases with care, compassion, and utmost respect for survivors. We encourage you to contact our firm for a free, no-obligation, and confidential consultation with our attorneys.
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Our lead sexual abuse attorney, Thomas P. Giuffra, has been described as “a fearless litigator who insists on obtaining the highest awards for his clients” from his peers. Tom has also obtained international recognition as “outstanding in the field of advocacy.” Tom’s tenacious approach to his clients’ cases has helped him secure numerous record-setting verdicts in the state of New York. He has experience filing cases against high-profile individuals such as Harvey Weinstein, Dr. Robert Kauff, and Dr. Darius Paduch, in addition to powerful institutions such as churches, schools, and corporations.
Survivors of sexual abuse and assault need time to process what happened to them. Many feel shame and guilt, believing they are to blame. New York recently passed two significant pieces of legislation to make it easier for survivors to file civil lawsuits against their sexual abusers by extending the statute of limitations.
On May 24, 2022, Governor Kathy Hochul signed the Adult Survivors Act (ASA). This legislation created a one-year lookback period dating six months from the signing.
While this “lookback window” has closed, the statute of limitations for some adult sexual abuse and assault cases has been extended to 20 years after the abuse occurred. This expanded statute of limitations only applies to new cases and is not retroactive.
Sexual abuse destabilizes a child. Scars caused by psychological and emotional trauma may never truly heal. It can take decades for a child to process it.
Before the passage of the Child Victims Act of 2019 (CVA), the statute of limitations for child sex abuse survivors to file a lawsuit against their abuser was one to five years after turning 18.
The CVA extends the statute of limitations so that survivors may file civil lawsuits against their abusers until they reach the age of 55. As with the ASA, survivors can file claims against institutions that should have been aware of the abuse.
The New York child sex abuse lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP can help you receive the justice you deserve.
The ASA and the CVA are just two examples of the legal options sexual abuse survivors now have in New York. The New York Injury Attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman LLP will discuss your legal options based on the specific circumstances surrounding your case. Contact us today to discuss your civil case.
Sexual abuse and assault are criminal offenses. A person who commits either crime can potentially be sentenced to prison or required to register as a sex offender, which carries several restrictions for the offender.
Cases of sexual abuse and assault can also be the subject of civil lawsuits. In civil court, victims of sexual abuse and assault can pursue financial compensation for the damages resulting from the assault. This may include the cost of medical treatment or therapy, but more commonly, it will account for non-economic damages.
Civil claims provide victims with an outlet for recovering compensation for the mental anguish and emotional distress they have endured as a result of sexual abuse or assault. Although money cannot reverse these effects, civil claims are a way for victims to achieve justice outside of criminal court.
Additionally, civil claims related to sexual abuse and assault allow victims to hold parties other than the offender accountable for negligence. Sexual abuse and assault can result when third-party negligence allows abuses to occur and can continue if responsible parties do not respond to reports or complaints.
In cases of sexual abuse and assault, the person who commits the offense can face criminal charges and civil liability. However, it is also possible—and common—for the negligence of others to allow abuse and assault to occur.
Businesses and entities that do not implement adequate security measures, do not conduct extensive background checks of their employees, or fail to respond to reports of sexual abuse and assault can be held liable for incidents that result from their negligence. Lawsuits can be filed against these parties to recover damages.
Our New York City sexual abuse lawyers can compile the evidence necessary to identify instances of abuse and the actions (or failure to act) of the institutions that enabled the abuse to happen.
A financial settlement or judgment award for a civil lawsuit can never provide adequate compensation for the trauma of sexual abuse. That is not its purpose. Damages and compensation in civil sexual abuse cases acknowledge that a grave injustice was suffered, and society has determined through its laws that some form of criminal and civil remedy should be imposed upon the offending party. They are society’s manner of holding perpetrators and institutions accountable for sexual abuse as well as deterring this behavior toward others in the future.
Financial compensation and settlements also ease the burden of medical care, mental health counseling, and other costly services that help sexual abuse victims process their abuse and move forward toward healing. Let’s look at the different types of damages that are possible in New York civil sexual abuse claims:
Compensatory damages are monies awarded to a plaintiff in a civil lawsuit. They are meant to compensate them for physical injuries and other losses resulting from another party’s unlawful or negligent conduct. Compensatory damages may be categorized as economic damages or non-economic damages.
Economic damages (or actual damages) reflect the losses that are quantifiable, including:
Non-economic damages (or general damages) reflect losses that do not involve actual, monetary expenses, including:
The plaintiff must show that a loss occurred to recover compensatory damages. Our experienced New York sexual abuse lawyers understand how to determine and calculate both economic and non-economic damages, including the retention of experts when necessary.
In the state of New York, punitive damages are strictly construed to be defined as willful and wanton negligence on the part of the defendant(s) with an accompanying degree of high moral turpitude.
The threshold to obtain punitive damages is higher than for compensatory damages. The plaintiff must provide clear and convincing proof that shows the defendant acted with extreme negligence.
Because sexual abuse is intentionally and maliciously harmful, punitive damages may make sense in these cases, especially when they involve minors, the elderly, and other vulnerable individuals. Punitive damages are only considered when the behavior is particularly egregious and are characterized as “outrageous,” such as would be found in a criminal case. Prozeralik v. Capital Cities Comm’ns, Inc., 82 N.Y.2d 466, 479 (1993).
A compelling case supported by factual evidence and expert testimony is essential for increasing the likelihood of substantial compensation in sexual abuse claims. Always save medical records, written and digital communications, and other documentation that may benefit your case and share them with your lawyer.
The following provides information about sexual offenses recognized under New York State Penal Law and includes:
This is not a comprehensive list, but some of the more common examples of sexual abuse and assault. If you are unsure of what you experienced rises to the level of a sex crime, speak with an experienced New York sexual assault lawyer who can help you understand your rights.
A critical aspect of any sexual assault or abuse charge is that the victim did not consent to the sexual activity. Under New York law, a person is deemed unable to consent if they are:
In the context of child sexual abuse, victims are never able to consent, as they lack the emotional and intellectual capacity to understand what is happening.
The Sex Offender Registration Act, signed into law by Governor George E. Pataki on July 25, 1995, requires those who have been convicted of certain sexual offenses to register as sex offenders with the New York State Division of Criminal Justice Services (DCJS). The state maintains a searchable registry available to the public. The presence of a sex registry can alert people to the presence of potential predators and help schools, religious organizations, and other institutions avoid hiring people who place others at risk.
The Manhattan District Attorney’s Office offers a number of resources to victims of sexual abuse and people acting on behalf of victims. Victims are encouraged to report any incident of abuse, even if they are unsure of the perpetrator, never saw their face, or if they are unsure a crime was committed.
Making such a report may be challenging, and it is natural to want to put such a sensitive matter off till a later time. However, the sooner you get the authorities involved, the better their chance of obtaining the evidence they need to build a case.
If you are reluctant to come forward with a claim of abuse, remember that the authorities are trained to handle these situations and will treat you with the care and respect you deserve.
Sexual abuse and assault claims must be filed within a certain amount of time. The statute of limitations is a law that establishes that timeline. Adherence to the statute of limitations is crucial for a claim to be approved.
In the state of New York, victims of childhood sexual abuse and assault can file lawsuits against offenders and liable third parties until they are 55 years old.
While the trauma of sexual abuse may never fade completely, our team helps survivors seek justice by filing civil lawsuits against the perpetrators. While these are not criminal proceedings, a civil lawsuit will hold abusers–and potentially the institutions that enabled it–monetarily responsible.
In a civil trial, the standard of proof is the preponderance of the evidence, an easier standard to meet than the “beyond a reasonable doubt” standard in criminal trials. Our case results speak for themselves.
Our sexual abuse attorneys in New York can help you navigate a sexual abuse lawsuit. We are dedicated to achieving justice and protecting the rights of survivors.
Call (212) 684-1880 or complete our contact form to schedule a free consultation with our sexual abuse and assault lawyers in New York.
We fight tirelessly to deliver results and we are not afraid to go to trial.
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We have the experience to handle your case all while providing individualized attention.
