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New York Sexual Assault Involving Children

Sexual assault against minors is a grave violation of trust and safety, involving any sexual contact or exploitation of a child by an adult or older adolescent. This can occur in various settings, including homes, schools, and extracurricular activities, and is often perpetrated by someone known to the child, such as a family member, caregiver, or teacher.

Signs of Child Sex Abuse

If you notice any of the following, it may indicate abuse, and seeking immediate support is essential. Signs to watch for include:

  • Behavioral Changes: Sudden withdrawal, mood swings, depression, anxiety, or unusual aggression.
  • Fear of Specific People or Places: Reluctance to be alone with a particular person or avoidance of certain locations.
  • Sleep Disturbances: Nightmares, bedwetting, or difficulty falling asleep, especially if these are new behaviors.
  • Physical Signs: Unexplained injuries, soreness, difficulty sitting or walking, or complaints of pain in the genital area.
  • Sexualized Behavior or Knowledge: Displaying age-inappropriate sexual behavior, language, or an advanced understanding of sexual topics.
  • Decline in School Performance: Sudden drop in grades, loss of interest in school activities, or trouble concentrating.
  • Regression in Developmental Milestones: Returning to behaviors they had outgrown, such as thumb-sucking or clinginess.
  • Self-Harm or Risky Behaviors: Engaging in self-injury, substance abuse, or risky actions as a coping mechanism.

If you suspect abuse, seeking legal guidance can help protect your child and hold responsible parties accountable.

Contact HKD for a free legal consultation.

Legal Options for Child Sexual Assault Survivors

Child survivors of sexual assault have several legal avenues to seek justice from those who caused them harm and any institution that may have aided in perpetrating or covering up abuse, and parents play a crucial role in this process.

Report the Abuse

It is essential to report the abuse to the appropriate authorities. This helps protect your child and may lead to criminal charges against the perpetrator. You can report the abuse to:

  • Law Enforcement: Contact your local police department to file a report.
  • Child Protective Services: CPS investigates allegations of abuse and neglect and can provide necessary support services.

Seek Medical Care

Ensure your child receives appropriate medical attention to address physical and emotional needs. Documenting injuries and obtaining a medical record can also be essential for future legal actions.

Consider a Civil Lawsuit

Parents can file a civil lawsuit on behalf of their child against the perpetrator and potentially any institutions that may have failed to protect the child, such as schools or organizations.

Access Support Services

Consider reaching out to organizations that specialize in supporting child victims of sexual assault. These services can provide therapeutic support and legal advocacy to help children and their families navigate the emotional fallout from the abuse.

New York Child Sex Abuse Laws & Time Limits

In New York, the statute of limitations for child sexual abuse claims has distinct timelines:

  • Civil Claims: Under the Child Victims Act (CVA), survivors of childhood sexual abuse can file a civil lawsuit until they turn 55. This law extended the timeframe for survivors to seek justice, recognizing the long-lasting impact of such trauma.
  • Criminal Prosecution: For criminal sexual abuse cases, New York law has no statute of limitations for prosecuting major sex crimes against minors, ensuring perpetrators can be held accountable without time restrictions.

Understanding these timelines is crucial for parents and survivors seeking justice.

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Common Scenarios of Child Sexual Abuse

Sexual abuse of minors can tragically occur across various settings where children should feel safe. Recognizing these environments helps identify risks and explore legal avenues for justice. Here are some common scenarios where child sexual abuse may take place:

  • Schools & Educational Institutions: Abuse can occur when teachers, coaches, or other staff misuse their authority over students. Cases may involve inappropriate touching, coercion, or failure to protect children from other perpetrators on campus.
  • Daycare Centers & Childcare Providers: In daycare settings or with nannies, caregivers may exploit their positions of trust, leading to inappropriate behavior, such as touching, coercion, or other forms of abuse that violate the safety of children under their care.
  • Religious Institutions: Clergy and religious leaders may exploit their position to abuse minors. These cases often involve manipulation, emotional coercion, or physical abuse under the guise of spiritual guidance.
  • Residential Facilities & Foster Care: Children in group homes or foster care are vulnerable to exploitation by caregivers, staff, or even other residents. Abuse may involve coercion or direct sexual acts, breaching the trust placed in these facilities to provide safe environments.
  • Youth Sports & Camps: In youth sports leagues or camps, coaches or supervisors may use their authority to abuse minors. This may include unwanted physical contact, inappropriate advances, or other forms of misconduct.
  • Medical & Mental Health Settings: Doctors, therapists, or other healthcare professionals may exploit vulnerable minors in clinical settings, mainly if the child is unable to give or withhold consent due to age, mental state, or illness.
  • Youth Shelters & Homeless Services: Minors in youth shelters are especially vulnerable to abuse by staff members or fellow residents. This abuse may exploit the dependency and trust these young individuals place in their caretakers.

This list is not meant to be comprehensive. If your child has experienced abuse in any of these environments or another setting, legal recourse is available. At Hecht, Kleeger & Damashek, P.C., we are committed to advocating for survivors and helping families seek justice.

More on Institutional Sex Abuse in New York

Who’s Liable for Child Sexual Abuse in NY?

In cases of child sexual abuse, both individuals and institutions may bear liability. Survivors and their families can often seek damages not only from the perpetrator but also from any organizations or entities that failed in their duty to protect the child. Schools, religious institutions, childcare centers, residential facilities, and sports organizations may be held accountable if they ignored signs of abuse, failed to conduct proper background checks, or inadequately supervised staff or volunteers.

Potential Damages in Child Sexual Abuse Cases

Survivors of child sexual abuse may pursue compensation for the profound and lasting impact of their trauma. Potential damages include:

  • Medical & Therapy Costs: Covers physical care, psychological therapy, and ongoing mental health treatment expenses.
  • Pain & Suffering: Compensation for the emotional toll, including anxiety, PTSD, and long-term emotional suffering.
  • Loss of Quality of Life: Addresses how abuse can disrupt everyday life, affecting relationships, career paths, and overall happiness.
  • Punitive Damages: These are awarded to punish particularly egregious misconduct and discourage similar behavior.

HKD understands the impact these cases have on survivors and families. Our experienced attorneys are committed to helping you pursue justice and maximizing compensation.

How to Prove a Child Sexual Abuse Case

In civil cases involving child sexual abuse, the burden of proof differs from criminal cases, focusing on “preponderance of the evidence” rather than “beyond a reasonable doubt.” This means survivors and their families need to establish that it is more likely than not that the abuse occurred and that the defendant is liable. Elements to prove include that abuse took place, that it caused harm, and that the defendant either committed the abuse or failed to prevent it through negligence or other misconduct.

Child witnesses require unique care in these cases, as they may be fragile and hesitant to revisit traumatic events. At Hecht, Kleeger & Damashek, P.C., we prioritize the compassionate handling of child testimonies, working with sensitive professionals to gather their accounts effectively and respectfully. Our experienced team ensures the proper legal strategy to protect the child’s well-being while holding perpetrators and responsible entities fully accountable.

How to Build a Successful Sex Abuse Case

Seek Justice for NY’s Exploited Children

When a child suffers sexual abuse by someone in a position of trust, the impact is profound and far-reaching. Seeking justice is crucial for your family’s healing and holding individuals and institutions accountable. Legal action can shed light on these injustices, potentially sparking systemic changes that help protect other children from harm.

At Hecht, Kleeger & Damashek, P.C., we believe survivors’ voices play a vital role in this fight, and we are here to advocate tirelessly on your behalf. Navigating the legal process in child abuse cases requires a skilled, compassionate team. HKD combines a record of success with sensitivity and care. Our experienced New York sex abuse attorneys will pursue justice for your child while protecting your child’s rights and supporting your family through every step.

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Why Choose Hecht, Kleeger & Damashek, P.C.?

At Hecht, Kleeger & Damashek, P.C., we are passionate about fighting for sexual abuse survivors. With over $825 million recovered, we have earned a reputation as fierce advocates in New York City. Our dedicated team understands the emotional toll of your experience and is committed to standing by your side. 

If your child has experienced sexual abuse in NY, call (212) 981-2887 or fill out our online form for a free, confidential consultation. You only pay us if we win your case so that you can focus on healing without financial worries.

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