Sexual Assault Attorney in New York: We Fight for Survivors of Sexual Assault in NYC and Beyond

Sexual assault can leave lasting emotional, physical, and psychological scars. In New York, survivors not only have the right to pursue criminal charges, but they also have the option to file a civil lawsuit seeking financial compensation for the harm they've suffered. At Morgan & Morgan, we stand with survivors and provide experienced, trauma-informed legal representation to help them pursue justice on their terms.

Understanding Sexual Assault Under New York Law

New York’s Penal Law refers to sex crimes under the broader category of “sex offenses.” These include acts committed without the victim’s consent, whether through force, threats, coercion, or when the victim is legally unable to give consent due to age, mental capacity, or intoxication. Specific crimes include sexual misconduct, sexual abuse, criminal sexual acts, aggravated sexual abuse, and rape.

New York also classifies certain conduct as “persistent sexual abuse” for individuals with prior convictions who commit additional offenses. These legal distinctions can be complex, but they all center on a lack of consent, a critical element in both criminal and civil cases.

Sexual Assault as an Intentional Tort

Survivors of sexual assault in New York may file civil lawsuits against perpetrators or enabling institutions (such as employers, schools, or religious organizations). Unlike criminal cases, which require prosecutors to prove guilt beyond a reasonable doubt, civil lawsuits require a lower burden of proof and focus on recovering damages for the survivor.

In civil court, sexual assault is considered an intentional tort, meaning the perpetrator acted with purpose or knowledge that their conduct would cause harm. This opens the door for survivors to recover compensation for medical expenses, therapy, lost wages, diminished earning capacity, and pain and suffering.

Statute of Limitations for Sexual Assault Claims in New York

Thanks to legislative reforms, some survivors of sexual assault in New York may still have legal options even if the incident occurred years ago. While many lookback windows, such as the one under the Adult Survivors Act, have now closed, other procedural tools may still allow victims to pursue justice and compensation beyond traditional statutes of limitations.

Because time constraints can vary widely depending on the circumstances of the assault and the type of claim filed, it’s important to speak with a knowledgeable sexual assault attorney as soon as possible. Our attorneys are well-versed in the evolving legal landscape and can help you understand your rights and determine whether your claim is still viable.

Can You File a Lawsuit Without a Criminal Conviction?

Yes. A civil case is entirely separate from the criminal justice system. Even if the perpetrator was never charged or convicted, you can still bring a lawsuit. The burden of proof is lower in civil court, and you can still recover damages based on the evidence and testimony presented.

Filing Against Institutions That Failed to Protect You

In many cases, institutions such as employers, landlords, schools, medical providers, or religious organizations may share responsibility for enabling or failing to prevent sexual assault. If those in power ignore warning signs, fail to act on complaints, or foster an unsafe environment, they may be liable in civil court.

Filing against a large organization can be intimidating, but Morgan & Morgan has the resources to take on powerful defendants. We’ve represented survivors in high-profile cases across the country and recovered substantial settlements and verdicts.

What to Expect in a Civil Sexual Assault Case

Civil sexual assault lawsuits can vary in length and complexity, but most follow a similar process:

• Your attorney will gather evidence, including medical records, witness statements, and expert testimony.
• The defendant will be served and allowed to respond.
• Pretrial discovery allows both sides to exchange relevant information.
• Many cases resolve through settlement, but some proceed to trial.

Importantly, you may be able to file under a pseudonym or request a protective order to keep your identity confidential during the legal process.

Compensation for Sexual Assault Survivors

Every case is unique, but damages may include:

• Medical treatment and ongoing care
• Therapy and mental health services
• Lost income and future earning potential
• Pain and suffering
• Emotional distress
• Punitive damages in cases of egregious misconduct

How Morgan & Morgan Supports Sexual Assault Survivors

We understand how difficult it is to come forward. Our attorneys approach every sexual assault case with compassion, discretion, and relentless advocacy. We don’t just prepare your case; we listen to your story, protect your privacy, and help you feel supported every step of the way.

With more than 1,000 attorneys nationwide and decades of trial experience, Morgan & Morgan has the power to challenge institutions, hold wrongdoers accountable, and fight for maximum compensation.

Let Us Stand With You

You deserve to be heard. If you were the victim of sexual assault in New York, contact Morgan & Morgan for a free, completely confidential case evaluation. There’s no cost to get started, and we don’t get paid unless we win. When you’re ready, we’re here to fight for you.