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NYC Lawyers for Rape Victims

Civil Liability Claims Against Perpetrators and Other Responsible Parties

Although many 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 civil lawsuit provides another way to seek justice in the aftermath of sexual assault and, depending on the case, could yield substantial amounts of compensation for the survivors of sexual abuse. In cases involving workplaces, hospitals, schools, churches or other third parties, these entities may also be held accountable for their possible negligence.

Rheingold Giuffra Ruffo Plotkin & Hellman LLP has extensive experience handling high-profile civil sexual assault cases in New York. Our attorneys offer empathetic, professional and personalized representation on our clients’ behalf as we believe every case requires individualized attention and resources. Our experienced New York sexual abuse and assault attorneys, led by the renowned Thomas P. Giuffra, invite you to call our firm or send us a message to discuss your case confidentially and at no cost.

To schedule a free consultation with our legal team, complete our contact form or call (212) 684-1880.

Filing a Lawsuit for Rape and Sexual Assault

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
  • Payment for non-economic mental and emotional damages.

Lawsuits can be filed against the person who committed assault, as well as negligent third parties.

 

Third-Party Liability for Rape and Sexual Assault

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:

  • Security guards/security companies
  • Businesses
  • Workplaces
  • Religious organizations
  • Schools, colleges, and universities
  • Apartments/housing complexes
  • Sports leagues, clubs, and other recreational organizations

 

How Will A Criminal Case Affect My Lawsuit?

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.

Rape and Sexual Assault Statute of Limitations in New York

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 most adult civil sexual assault lawsuits is 20 years.

Currently, there is an open lookback window for survivors whose abuse took place in New York, New York. This window of lifted statute of limitations is the result of the Victims of Gender-Motivated Violence Protection Law, passed in 2000. The lookback window will close on March 1, 2025.

Free Case Evaluations Available

The Rheingold Giuffra Ruffo Plotkin & Hellman LLP legal team can assist you if you would like to file a sexual assault lawsuit in the state of New York.

Send us a message or call (212) 684-1880 for a free consultation with our New York sexual abuse and assault attorneys.