Although you may be familiar with how sexual assault cases proceed in the criminal justice system, many people do not know that cases of rape and sexual assault can be presented in civil court as well. Filing a lawsuit provides another way to seek justice in the aftermath of sexual assault.
The New York sexual abuse and assault attorneys of Rheingold Giuffra Ruffo & Plotkin LLP can offer support and representation if you are interested in filing a lawsuit. Contact us today to learn how we can help with your case.
To schedule a free consultation with our legal team, complete our contact form or call (212) 684-1880.
If a sexual assault case is tried in criminal court and the offender is convicted, the outcomes may include imprisonment, fine payments, community service, probation, sex offender registration, and other penalties.
In civil cases, the goal of legal action is to compensate victims for damages. By filing a lawsuit, you can recover compensation for medical bills, therapy expenses, and other damages, and payment for non-economic mental and emotional damages. Lawsuits can be filed against the person who committed assault, as well as negligent third parties.
One purpose of filing a lawsuit in relation to a sexual assault case is to hold responsible third parties accountable for their negligence. Although the actions of a perpetrator are ultimately the cause of rape and sexual assault, it’s possible that an incident could have been prevented if other parties had intervened. For example, a security guard could be held liable for failing to take proper security measures at a place of business. Or, a university could be held liable for failing to investigate reports of rape and sexual assault on their campus. These parties could be ordered to pay damages through a civil lawsuit.
People and entities that may be held liable for damages in a civil sexual assault case may include:
If you choose to file a lawsuit related to an instance of rape or sexual assault, it’s possible that the perpetrator will also be facing criminal charges. The criminal trial and the civil lawsuit are two separate cases, and will operate as such. The criminal case may not have any effect on your lawsuit at all, and vice versa. A conviction of the offender can substantiate a civil case, however, there is no guarantee that either case will impact the outcome of the other.
Sexual assault lawsuits must be filed within the statute of limitations to be accepted. The statute of limitations is an established period of time in which a case is considered viable in the court system. Lawsuits that are filed outside of the statute of limitations will likely be denied. In the state of New York, the statute of limitations for civil sexual assault lawsuits is 20 years.
The Rheingold Giuffra Ruffo & Plotkin LLP legal team can assist you if you would like to file a sexual assault lawsuit in the state of New York. Contact us today to discuss your case.
Send us a message or call (212) 684-1880 for a free consultation with our New York sexual abuse and assault attorneys.
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