Sexual abuse refers to any type of illegal or coerced sexual conduct against another individual. A wide range of offenses fall into this classification, which is not constrained to physical contact alone. Sexual abuse can include acts of sexual touching, rape, indecent exposure, forcing another individual to view or participate in pornography, and contributing in any way to the commercial sexual exploitation of children. Incidents can occur in a single episode or repeatedly over time.

Reporting incidents of sexual abuse or harassment can be difficult because many people may not believe what happened to them is considered assault in the eyes of the law or they feel the authorities will not believe them. Survivors of sexual abuse should know that it is never the victim’s fault and should work with police to pursue criminal charges against the attacker. As part of both a criminal and civil case, it will be important for the victim to preserve evidence but also seek help from medical and mental health professionals as they work through the trauma.

Yes. A case for sexual assault can be pursued in both criminal and civil court. In civil courts, there is no cause of action for “sexual assault”. Instead, the victim would file a lawsuit for one or more of a number or torts (wrongful acts that caused harm to a victim).

• Assault
• Battery
• Intentional infliction of emotional distress
• Negligent infliction of emotional distress
• False imprisonment

In the civil justice system, the aim is not to determine innocence or guilt of an offender, but instead to determine whether someone is liable for the injuries sustained by an individual. To be liable means, in the eyes of the law, the offender is responsible for the conduct and therefore responsible for the damages and injuries. A civil court finding that an offender is liable will mean that the offender needs to pay the victim or his or her family a certain amount of money.

A criminal case for sexual assault is pursued by the District Attorney of the County in New York where the incident occurred. The burden of proof in criminal court is high. The sexual assault must be proven “beyond a reasonable doubt”. The standard of proof in a civil case is different, it is a lower burden of proof. In a case for money damages, the plaintiff needs to show that it is “more likely than not”,” that the defendant is responsible for the plaintiff’s damages.  In law, this standard is referred to as by a preponderance of the evidence.

If the perpetrator/defendant is convicted in criminal court, this is helpful when pursuing a civil case. A legal rule known as “collateral estoppel” would allow the plaintiff in the civil case to present evidence that a jury in a criminal case already found the defendant guilty of committing the act(s). This may apply whether the person is found guilty, or if they plead guilty.

No.  Even if the defendant was not convicted at a criminal trial or there is no corresponding criminal case at all, the victim may still be able to pursue a civil case.

The person who committed the acts is not the only person who can be named in a civil lawsuit. The victim may also choose to name a third party, such as a school, a company, or an institution where the assailant worked or lived, who may also be responsible. One strategic reason for doing this is to ensure some monetary compensation when the perpetrator has little or no assets. While most incidents giving rise to personal injuries are covered by insurance policies, such as car accidents and slip and fall incidents, insurance policies exclude coverage for intentional acts. Pursuing a third party under a theory of negligence may be the only source of compensation if the perpetrator has few personal assets.

Examples of claims against a “third party” include a claim against an employer who failed to properly screen or monitor an employee who sexually assaulted a person,  or a claim against a landlord, business, church or other religious institution, government entity, school, or hospital, who negligently supervised a person or employee or failed to provide adequate security.

Any damages in a civil lawsuit are monetary and meant to help compensate the victim for expenses as a direct result of his or her injuries. The injuries and damages taken into consideration may be economic such as medical bills, lost wages, lost earning capacity, future medical costs, or non-economic such as pain and suffering, emotional distress, and loss of enjoyment of life. How these aspects are valued is different for everyone.

Claims in New York for intentional torts such as assault, battery, intentional infliction of emotional distress, and false imprisonment, must be brought within 1 year of the act. These intentional torts are the most common causes of action when pursuing sexual assault or harassment in civil court.

Claims in New York for negligence, such as negligent infliction of emotional distress, negligent hiring of an employee, or negligent retention of an employee, must be brought within 3 years of the act or omission.

Keep in mind these are the time frames required for formally starting the action, not when they must be completed by.

There are two exceptions to these general rules:

1. Although intentional torts are subject to a rather short statute of limitations, New York civil procedure rules provide an exception if a case has or is being pursued criminally. CPLR 215(8) allows a plaintiff one year from the termination of a criminal prosecution to bring a civil lawsuit if it is shown that a criminal action against the same defendant has been commenced with respect to the same event or occurrences. Certain sexually related criminal offenses allow the plaintiff 5 years from the termination of the criminal action to commence the civil action.
2. An exception to the statute of limitations also exists for plaintiffs who were under the age of 18 when victimized. Becoming New York law in 2019, the Child Victims Act allows victims to pursue an action against their abuser and institutions that enabled them until they turn 55 years old.

Sexual assault is characterized by intentional physical contact that a victim does not or cannot consent to through the use of force, threats, intimidation, or abuse of authority. Sexual harassment involves unwanted, inappropriate sexual advances, including suggestive gestures, language, or touching.

“Revenge Porn”, also called “Unlawful Dissemination or Publication of an Intimate Image” is a crime in New York. If you are a victim of this type of conduct, you have several rights, including the ability to file a civil lawsuit. Pursuant to the New York Civil Rights Law, a judge or jury can award injunctive relief (requiring that an action be stopped), compensatory damages, punitive damages, and reasonable court costs and attorney’s fees. The statute of limitations regarding this type of harm is 3 years from the posting of the material or 1 year after the discovery if it has been more than 3 years.