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“The key to winning a verdict for survivors of sexual abuse is to understand the psychology of both your client and sexual predator.”

Michael S. Lamonsoff, Esq.

Here are some key aspects of sexual abuse:

  1. Lack of Consent: Sexual abuse involves engaging in sexual acts without the explicit and voluntary consent of all parties involved. Consent should be informed, enthusiastic, and freely given. Any sexual activity without consent is a violation.
  2. Power Imbalance: Sexual abuse often occurs in situations where there is a power imbalance between the abuser and the victim. The abuser may exert control, authority, or influence over the victim, making it difficult for them to resist or report the abuse.
  3. Types of Behavior: Sexual abuse can take many forms, including but not limited to:
    1. Non-consensual sexual intercourse or penetration
    2. Fondling or groping without consent
    3. Forced oral sex
    4. Sexual exploitation, such as human trafficking or pornography involving non-consenting individuals
    5. Sexual coercion or manipulation
    6. Unwanted sexual contact or touching
    7. Sexual harassment, including unwelcome advances, requests for sexual favors, or creating a hostile environment through sexual comments or gestures
  4. Impact on Victims: Sexual abuse can have severe and long-lasting effects on the victims' physical, emotional, and psychological well-being. It can lead to feelings of shame, guilt, fear, anxiety, depression, post-traumatic stress disorder (PTSD), and a range of other psychological and emotional difficulties.
  5. Reporting and Support: It is essential for victims of sexual abuse to have access to resources and support networks. Reporting the abuse to appropriate authorities, such as law enforcement or helplines, can initiate investigations and potentially hold the abuser accountable. Mental health professionals, counselors, or victim advocates can provide support, counseling, and resources for survivors of sexual abuse.

If you or a loved one has experienced any of the above forms of sexual abuse, please contact us today to schedule your free consultation with one of our expert sexual abuse lawyers.

Institutions Where Sexual Abuse Most Often Occurs

Sexual abuse and sexual assault can unfortunately occur in various types of institutions, where individuals may be particularly vulnerable. Here are some common types of sexual abuse and sexual assault that can occur within institutions:

It is important to recognize that these examples are not exhaustive, and sexual abuse and sexual assault can happen in other institutional settings as well. Addressing and preventing such abuse requires a comprehensive approach, including implementing policies, training staff, creating safe reporting mechanisms, and holding perpetrators accountable.

Damages For Sexual Abuse

New York sexual assault attorney Michael S. Lamonsoff, Esq. is determined to pursue maximum possible financial compensation for every victim of sexual abuse or sexual assault. We will work hard to establish a case for the following damages: 

Economic Damages: Medical bills, physical therapy, professional counseling, treatment for post-traumatic stress disorder (PTSD), rehabilitation costs, costs related to full or partial disability, current and future loss of income because of injuries or mental distress, relevant transportation costs, assistive devices, and any other associated financial costs may be a part of economic damages. 

Non-economic Damages: Compensation for pain and suffering, mental anguish, and emotional distress occurring as a result of the incidence of sexual abuse or sexual assault. Attorney Lamonsoff will aim to establish damages with medical evidence and third party expert testimonies if needed to obtain the largest possible compensation.

Punitive Damages: If the act of sexual abuse or sexual assault was particularly egregious or heinous in nature, attorney Lamonsoff will also seek to establish a case for punitive damages (exemplary damage) so that the victim is rightfully compensated for the extreme physical and mental trauma they have suffered. 

How to Prove Sexual Assault

Even though the one-year "lookback" window for filing claims under the Child Victims Act ended on August 14th, 2021, some changes made to the statute of limitations for both criminal and civil cases involving survivors of child sexual abuse were made permanent. It means if someone suffered any kind of sexual criminal act, they can still:

  • File a personal injury lawsuit against their abuser(s) or a liable third party (like a church or school) until they are 55 years old. This extension applies to all claims that have not already expired under the old statute of limitations, which was one to five years starting after the survivor turned 18.  
  • File misdemeanor charges until they are 25 years old​, increasing the statute by 5 years. 
  • Press felony charges on the abuser until they (the victim) are 28 years old. Previously, this statute would expire once the survivor turned 23. 

If you're looking to contact a Child Victims Act lawyer in New York City, you can reach out to us to set up a free virtual or telephone consultation.

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