How a Sexual Assault Attorney Can Help

How Konta Georges & Buza P.C. Attorneys Help Sexual Assault Victims

Sexual assaults occur all too often and unfortunately in many different ways. It is a crime that occurs to the young and old, male and female, rich or poor. It’s a trauma that leaves a lasting scar. We know that abuse occurs in many places and issues of power between the abuser and the abused are paramount.

Navigating the aftermath whether alone or with a loving family can be overwhelming. At Konta Georges & Buza we are committed to providing compassionate and experienced legal advocacy to help survivors find justice and closure. This blog will explore how Konta Georges & Buza attorneys can assist survivors through this incredibly difficult time.

We are proud to have recovered millions of dollars for our clients in this area. As part of this, we also routinely help our clients going forward to the police and the prosecutors so that criminal charges can be brought.

What Constitutes a Sexual Assault in New York?

Sexual assault in New York is defined by various offenses, encompassing a range of non-consensual sexual activities. Here’s a general explanation:

Sexual Misconduct

This involves engaging in sexual intercourse, oral or anal sexual conduct without the other person’s consent, or sexual conduct with an animal or a dead human body.

Rape

Rape is categorized into three degrees in New York:

• Third-Degree Rape: Engaging in sexual intercourse with someone incapable of consent due to being under 17 (and the perpetrator is 21 years old or older) or when the act is non-consensual.
• Second-Degree Rape: Engaging in sexual intercourse with someone under the age of 15 or someone incapable of consent due to being mentally disabled or incapacitated.
• First-Degree Rape: Engaging in sexual intercourse by forcible compulsion with a child under the age of 11 or with someone physically helpless.

Criminal Sexual Act

This involves engaging in oral or anal sexual conduct by forcible compulsion or with someone who is physically helpless, less than 11 years old, or less than 13 years old when the perpetrator is 18 or older.

Sexual Abuse

Sexual abuse also has three degrees:

• Third Degree Sexual Abuse: Subjecting another person to sexual contact without consent.
• Second-Degree Sexual Abuse: Subjecting another person to sexual contact when they are incapable of consent due to being under 14 or when the act is committed by forcible compulsion.
• First-Degree Sexual Abuse: Subjecting another person to sexual contact by forcible compulsion when they are physically helpless or under 11 years old.

Aggravated Sexual Abuse

This involves inserting a foreign object or a finger into the sexual or other intimate parts of another person by forcible compulsion when the other person is less than 11 years old, when the other person is physically helpless, or when the act causes physical injury to the other person.

Forcible Touching

This includes intentionally, and for no legitimate purpose, forcibly touching the sexual or other intimate parts of another person.

Sexual assault laws in New York are comprehensive and designed to protect individuals from a wide range of non-consensual sexual activities. However, an arrest does not have to have been made for you to be a victim of sexual assault and someone who should pursue a civil case. In many instances, the abuse occurs at a company, a camp, a school, or a public park. These organizations are often negligent in protecting the person who was abused. We routinely bring the lawsuits directly against them.

Our Approach

1. Compassionate Support

We understand the immense emotional toll that sexual assault can take on a survivor. Our attorneys approach every case with sensitivity, empathy, and respect, ensuring you feel heard, validated, and supported throughout the legal process.

2. Confidential Consultations

Your privacy is of the utmost importance to us. We offer confidential consultations to discuss your case, understand your unique situation, and explore your legal options without judgment or pressure.

3. Experienced Legal Advice

We are well-versed in New York’s sexual assault and negligence laws and have extensive experience handling these complex cases. We provide clear, accurate legal advice to help you make informed decisions about your case.

4. Thorough Investigation

We conduct thorough investigations to gather all necessary evidence, identify responsible parties, and build a strong case on your behalf. Our team works diligently to uncover the truth and hold perpetrators accountable.

5. Pursuing Justice and Compensation

Our goal is to secure justice for you and help you obtain the compensation you deserve for any physical, emotional, and financial damages you have suffered. This may include medical expenses, lost wages, pain and suffering.

6. Navigating the Legal System

The legal system can be complex and intimidating, especially for survivors of sexual assault. Our attorneys guide you through every step of the process, ensuring that your rights are protected, and your voice is heard.

7. Holding All Actors Accountable

We pursue justice against all of the perpetrators, including the specific individuals, the larger institutions and organizations, and anyone else who contributed to the assault. This could include employer companies, schools, religious groups, camps, municipal entities, and others.

8. Maximizing Your Compensation

Our skilled trial lawyers are prepared to take your case to trial if necessary, fighting tirelessly to maximize your compensation and achieve the best possible outcome for your case.

9. Providing Resources and Support

We connect you with resources and support services to aid in your healing process, ensuring that you have access to the care and assistance you need.

10. Advocating for Your Rights

At Konta Georges & Buza P.C., we are staunch advocates for the rights of sexual assault survivors. We work relentlessly to ensure that justice is served and you can move forward with your life.

We Serve a Diverse Range of Clients

Sexual assault can happen to anyone, regardless of their background or walk of life. Our team has experience representing a diverse range of clients, and we have developed a deep understanding of the patterns and grooming processes used by abusers. This knowledge allows us to effectively advocate for our clients and use our expertise to their advantage.

What Is the Statute of Limitations for Sexual Assault in NY?

The statute of limitations for sexual assault in New York varies depending on the specific type of crime and the circumstances surrounding the case. It is essential to understand these limitations as they dictate the timeframe within which a survivor can take legal action. Here’s a breakdown based on different scenarios:

Criminal Cases

For Rape and Other Serious Sexual Offenses:

No Statute of Limitations: For first-degree rape, first-degree criminal sexual act, first-degree aggravated sexual abuse, and first-degree course of sexual conduct against a child, there is no statute of limitations in New York. This means that a criminal case can be filed at any time, regardless of the time since the offense.

For Other Sexual Offenses:

Varies by Degree and Circumstances: For other degrees of sexual offenses, the statute of limitations may vary. Generally, it ranges from 5 to 20 years, but it can be longer if DNA evidence is involved or if the victim was a child at the time of the offense.

Civil Cases

For Acts Committed Against Adults:

Generally 3 Years: For intentional torts like assault and battery, survivors typically have 3 years from the date of the assault to file a civil lawsuit.

For Acts Committed Against Children:

Until the Age of 55: As of 2019, survivors of child sexual abuse in New York have until their 55th birthday to file a civil lawsuit, thanks to the Child Victims Act. This law also opened a one-time, one-year look-back window, allowing survivors of any age to file a lawsuit regardless of when the abuse occurred. However, this window has since closed.

Important Notes

• Seek Legal Advice Promptly: Given the complexities and variations in the statute of limitations, survivors must seek legal advice as soon as possible to ensure they do not miss the opportunity to take legal action.
• Exceptions and Extensions May Apply: In some cases, exceptions or extensions to the statute of limitations may apply, particularly if new evidence emerges or the survivor could not report the crime due to specific circumstances.

At Konta Georges & Buza, we understand the critical importance of timing in sexual assault cases. Our experienced attorneys are here to help you navigate the legal system, understand the statute of limitations as it applies to your case, and take timely action to seek justice and compensation.

We Serve a Diverse Range of Clients

Sexual assault can happen to anyone, regardless of their background or walk of life. Our team has experience representing a diverse range of clients, and we have developed a deep understanding of the patterns and grooming processes used by abusers. This knowledge allows us to effectively advocate for our clients and use our expertise to their advantage.

Contact Us Today

Survivors of sexual assault deserve justice, and a sexual assault attorney can play a crucial role in helping them achieve it. At Konta Georges & Buza P.C., we are dedicated to providing the legal support and advocacy survivors need to navigate the legal system and find closure. If you or a loved one have experienced sexual assault, we encourage you to contact us for a confidential consultation. Your voice matters, and we are here to help.

FAQs

What Do I Do When I’ve Been Sexually Assaulted or Raped?

First and foremost, prioritize your safety. If you are in immediate danger, call 911. Call close friends or family and tell them what happened. Seek medical attention immediately, even if you do not have visible injuries. Preserving any evidence is important, so avoid showering or changing clothes if you are able until you receive medical attention. Most importantly, take care of your physical and mental health and tell someone.

What Happens After the Police Get Involved?

Once the police are involved, they will start an investigation, which may include collecting evidence, interviewing witnesses, and possibly arresting the perpetrator. It is essential to cooperate with the police, but you also have the right to have an attorney present during any interviews. We are available to assist you in this part of the case.

What if There Is No Police Involvement or Criminal Case?

Even if there is no police involvement or criminal case, you still have legal options. You may be able to pursue a civil lawsuit against the perpetrator or other responsible parties. A civil lawsuit can result in monetary compensation for damages such as medical bills, lost wages, and pain and suffering.

If I Have an Ongoing Criminal Case Involving Sexual Assault, Can I File a Civil Case?

Yes, you can file a civil case even if there is an ongoing criminal case. The two cases are separate, and a civil lawsuit can proceed regardless of the criminal case’s outcome. However, if you are the plaintiff in a civil case, you should not speak with a prosecutor without letting your civil lawyer know.

Do I Need a Sexual Assault Lawyer if I Am a Victim?

While you are not required to have a lawyer, it is highly recommended. A lawyer can help you understand your rights, guide you through the legal process, and advocate on your behalf.

What Do I Need Before Consulting a Lawyer About Sexual Assault?

When consulting a lawyer about sexual assault, it is helpful to have any relevant documents or information related to the assault, including any police reports, medical records, and any communication with the perpetrator. However, a lawyer can still assist you if you do not have these documents.

How Can Someone Else, Besides the Perpetrator of Rape or Sexual Assault, Be Responsible?

Other parties, such as employers, schools, or organizations, can be held responsible if their negligence contributed to the assault. For example, if an employer failed to conduct a proper background check or did not respond appropriately to previous complaints, they could be held liable.

Support is Available: RAINN and Emergency Hotlines

Experiencing sexual assault can leave survivors feeling isolated, but it is crucial to remember that help and support are available. RAINN (Rape, Abuse & Incest National Network) is the nation’s largest anti-sexual violence organization, providing various resources to assist survivors.

RAINN’s National Sexual Assault Hotline:

• Call 1-800-656-HOPE (4673): Available 24/7, this hotline connects survivors with trained support specialists from a sexual assault service provider in your area. The call is confidential and secure.
• Online Chat: For those who prefer typing to speaking, RAINN also offers an anonymous online chat service, providing the same level of support and confidentiality.

Why Reach Out to RAINN?

• Confidential Support: Your safety and privacy are paramount. Conversations with RAINN are confidential and provide a safe space to talk, understand your options, and find resources.
• Information and Resources: RAINN’s specialists are knowledgeable about sexual assault and can provide information, resources, and guidance to help you navigate the aftermath.
• Connection to Local Services: They can connect you to local sexual assault service providers for additional support, counseling, or legal assistance.

Other Emergency Hotlines:

• National Domestic Violence Hotline: Call 1-800-799-SAFE (7233) for confidential assistance related to domestic violence.
• Crisis Text Line: Text “HELLO” to 741741 for confidential text support from trained crisis counselors.

We hope this information is helpful to you.