Sexual Assault in The Workplace – What You Need To Know
Being sexually assaulted at the workplace can be an extremely traumatizing experience. Apart from the physical impact of the assault, which can be painful in its own way, the memories of the incident can haunt you for a long time, affect your self-esteem, productivity and earning potential, and reduce your overall quality of life.
In this post, we will take a look at the key facts you need to be aware of about workplace sexual assault in New York.
Sexual Assault in the Workplace – What You Need to Know
- Sexual assault, as defined under New York law, does not necessarily have to involve penetration. Any kind of physical contact which is sexual in nature – including kissing, hugging, groping, fondling, and pressing against you – can be considered sexual assault in an employment setting.
- If you are sexually assaulted by a supervisor, manager, or any other high-ranking member of your organization, your employer can be held liable. If you are sexually assaulted by a co-worker, and if your employer fails to take any action, they can be held liable as well. Other workers who enabled the perpetrator and tried to cover up the crime can also be held liable.
- Sexual assault is a criminal offense as well as an intentional tort. You have the right to sue the perpetrator and recover monetary damages for the physical, emotional, and psychological suffering caused by the assault.
- The statute of limitations for filing a sexual assault claim in New York is set at one year. Based on this, if the perpetrator is convicted of the assault, the deadline can be extended up to seven years. Moreover, the recently passed Adult Survivors Act allows you to file a tort claim against the perpetrator until November 2023 – regardless of when you were assaulted – as long as you were 18 or older at the time of the assault.
- The damages you can recover in a sexual assault claim include medical expenses, rehabilitation, therapy, lost earnings, loss of earning potential, pain and suffering, emotional distress, and trauma.
- The outcome of the criminal trial for sexual assault has nothing to do with your civil claim. If the prosecution is unable to prove the guilt of the perpetrator beyond a reasonable doubt – which is the highest burden of proof in the criminal justice system – a ‘not guilty’ verdict is very much a possibility.
The fact is that even if the perpetrator is found not guilty, you can still sue them and recover damages. This is because in civil cases, the rulings are made based on a legal standard called a preponderance of evidence – which is a lot easier to meet.
Need to File a Sexual Assault Claim in New York? Our Sexual Assault Lawyers will Fight to Maximize Your Recovery
If you have been sexually assaulted at your workplace, the sexual assault lawyers at the Law Offices of Michael S. Lamonsoff can represent you, hold the perpetrator and their enablers accountable, and fight aggressively to recover the maximum amount of monetary damages possible.
Our New York sexual assault lawyers bring over 100 years of combined legal experience and unparalleled legal expertise to the table and can help you get the justice and restitution you deserve. Call our firm today at 212-962-1020 or write to us online and schedule a free consultation with a dedicated and accomplished NYC sexual assault attorney.