Sexual crimes are unfortunately common, and in 2022, 69 rapes were reported in Rochester [1].
The impact of sexual abuse may be felt for a lifetime by the victim. They may suffer from the physical consequences of an assault, but there are also emotional pains that are much harder to overcome.
Sexual abuse survivors have the option to pursue civil claims against their sexual abusers to recover compensation for legal damages.
Rosenfeld Injury Lawyers provides valuable legal guidance to improve your chances of winning your claim. Our team will ensure victims in Rochester, New York, have a chance against their abusers.
WE ARE ONLY ACCEPTING SEXUAL ABUSE CASES INVOLVING INSTITUTIONS.
IF YOU HAVE A MATTER INVOLVING A RELATIVE OR ACQUAINTANCE, PLEASE CONTACT YOUR LOCAL BAR ASSOCIATION
Why Choose Rosenfeld Injury Lawyers
Our law firm has served numerous clients in Rochester who have suffered from various types of sexual abuse. The priority is to secure maximum compensation that covers all your economic and non-economic damages. We demonstrate a compassionate approach to help survivors feel at ease throughout the legal process.
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Once you agree to work with Rosenfeld Injury Lawyers, we will conduct a thorough investigation of your sexual abuse claim to assess damages and gather evidence. With our vast experience in sexual abuse claims, we know what it takes to fight for your rights so you can focus on healing physically and emotionally.
Understanding Sexual Abuse and Assault
Sexual abuse and assault have distinct definitions under New York law. These differences are essential as you explore your legal options with Rochester sexual abuse lawyers.
Sexual abuse occurs when someone subjects another person to sexual contact without their permission. Sexual assault is an umbrella term for numerous sex crimes, including rape, forcible touching, criminal sexual contact, and predatory assault.
Both definitions involve the lack of consent from the victim.
Typically, there is also a power imbalance between both parties when the victim is sexually abused. A power imbalance means that the perpetrator has some type of authority over the victim, such as professionally, parentally, or legally.
Common Forms of Sexual Abuse
Sexual abuse claims can result from various scenarios. Here are some situations that may constitute abuse or assault:
- Unwanted physical contact – Sexually touching a person with a body part or object is considered sexual abuse.
- Sexual intercourse – Sexual contact that involves penetration of any kind is a type of assault and may be defined as rape.
- Sexual exploitation – Using power, trust, or vulnerability to achieve sexual ends and acquire some benefit.
- Sexual exposure – Exposing a person to sexual imagery, such as photos or displaying one’s genitals, without their permission is sexually abusive behavior.
- Child sexual abuse – Child sexual abuse is a massive problem because child victims are unable to give legal permission. The age of consent in New York is 17, but there are several other laws to consider, such as the Romeo and Juliet law. A professional lawyer can help you determine if child sexual abuse occurred.
Institutions Where Sexual Abuse Is Most Likely to Occur
- Workplaces – Sexual harassment and misconduct occur frequently in working environments where there are many power dynamics at play among employers and employees, and our law firm has handled numerous cases in this area.
- Inpatient treatment facilities – Overnight medical patients are especially vulnerable if abusive adults are employed by the clinic or are being treated in the exact location.
- Correctional facilities – Prisons experience many sexual assaults because of the authority imbalances between inmates and staff.
- Foster care – Children in foster homes are vulnerable to abusive individuals who may have slipped through the cracks while being vetted.
- Daycare centers – Unsupervised staff could take advantage of children and commit child sexual abuse.
- Educational institutions – Administrators or teachers and students are involved in numerous power dynamics that sometimes yield inappropriate relationships or behaviors.
- Religious communities – People tend to trust religious leaders quickly, paving the way for abusive behaviors by clergy, especially against children.
- Nursing homes – Seniors in nursing homes may be unable to advocate for themselves and could fall victim to abusive staff or residents.
- Sports clubs – Sports programs, especially those involving younger athletes, put coaches and trainers in positions of authority over children who could be exploited to commit sexual acts.
- Military institutions – Reports of assault are often silenced within military organizations, making it more challenging for victims to come forward, especially if the victim is a private and the abuser is an officer.
- Hotels and short-term rentals—Overnight accommodations present risks to guests if someone stakes out their room or places a secret camera in it.
- Shelters – People in shelters are already vulnerable enough, and an abusive case worker could use their authority to commit abuse or assault against their client.
Steps to Take If You Are a Victim of Sexual Assault
Sexual abuse survivors must prioritize their well-being in the aftermath of these incidents, which includes physical health and financial security. Here are some steps you should follow to protect yourself if you have been sexually abused.
First, seek treatment from medical professionals immediately, whether you are injured or not, to obtain medical records. Next, report the incident to the Rochester Police Department and call the National Sexual Assault Hotline (800-656-4673) if you need immediate emotional support.
Then, start documenting information about the incident to prepare for a potential sexual abuse claim. You can bring your questions to a free consultation with our Rochester sexual abuse attorneys as you consider your options, and our team will help you gather further evidence. As a sexual abuse survivor, you should also seek emotional support from the community. One-on-one counseling is available with Rochester sexual abuse therapists. For a broader range of support programs, RESTORE Sexual Assault Services is a helpful resource center for those who have been sexually assaulted.
Compensation for Sexual Abuse Victims
You can seek compensation for legal damages with your civil claim. Potential damages include lost wages, medical expenses, therapy costs, emotional distress, physical pain and suffering, and loss of quality of life. Your settlement may also be impacted by the severity of your injuries, the defense of your sexual abuser, and the amount of evidence supporting your claim.
Liability in Sexual Abuse Cases
No matter what age you are when the offense occurs, you must establish liability to win your case. The liable party could be an individual or institution.
For an institution to be responsible, it may fail to prevent abuse, report incidents, respond inadequately to complaints, conduct insufficient background checks, or provide poor supervision.
Other legal principles may also affect your case’s outcome. Vicarious liability occurs when one entity is responsible for another entity’s actions. Title IX governs the treatment of the sexes within educational institutions.
Religious communities may have legal precedents regarding unique power dynamics since religious leaders often have authority over children in the organization that can be used to commit abuse or assault.
How to Prove a Sexual Abuse Case
Establishing liability in your circumstances will require evidence. This evidence must prove that it is “more likely than not” that negligence or intentional misconduct caused the harm you suffered and that legal damages resulted from it. Four elements must be proven in your claim:
- Duty of care – The defendant had a duty of care toward the plaintiff to uphold.
- Breach of duty – The defendant breached that duty with their actions.
- Causation – The defendant’s actions caused the harm suffered by the plaintiff.
- Damages – There are provable damages because of the harm suffered.
How Our Rochester Sexual Abuse Attorneys Can Help
With the best lawyers on your side, your chances of victory will increase dramatically. Our team of Rochester sexual abuse lawyers can help in several ways.
- Offering a free case evaluation to answer all your questions.
- Investigating your claim to determine the best legal option.
- Assessing damages to find a fair settlement amount.
- Negotiating with the defendant to acquire maximum compensation.
- Representing you in a trial if necessity dictates.
- Working on a contingency fee basis so sexual abuse survivors face no upfront costs.
The Time Limits for Filing a Claim in Rochester, New York
The statute of limitations in New York governs how long victims have to file sexual abuse claims.
The recent New York Child Victims Act of 2019 significantly expanded the rights of survivors. If you were abused as a child after this legislation, you have until the age of 55 to file a lawsuit. If you were abused or assaulted as an adult, you have three years to file your claim for minor infractions and twenty years for more severe cases like rape or other types of assault.
Contact a Rochester Sexual Assault Attorney Today!
The sexual abuse attorneys at Rosenfeld Injury Lawyers are ready to protect your legal rights under New York law. If you are a survivor of abuse or assault in Rochester, NY, our team can guide you through legal action to pursue compensation. We have the best lawyers possible to increase your chances of success, no matter what type of claim you plan to file.
Call our office today at 888-424-5757 or complete the online form.
Related Practice Areas
- Buffalo Sexual Abuse Lawyer
- New York City Sexual Abuse Lawyer
- Syracuse Sexual Abuse Lawyer
- Yonkers Sexual Abuse Lawyer
Resources: [1] Area Vibes