Inmate Sexual Assault at Lakeview Shock Incarceration Correctional Facility Lawyer
Just like at other correctional facilities in New York, inmates at Lakeview Shock Incarceration Correctional Facility have been sexually victimized by correctional officers for years. Historically, the sexual attacks often have gone unpunished, and Lakeview has done little to create an environment where they are discouraged or prevented. Because of recent investigations into inmate sexual abuse and sexual abuse at other institutions, on May 24, 2022 a new law was passed called the Adult Survivors Act. With this new law, there is a new opportunity for victims of sexual abuse that happened years ago to hold their assailants accountable and to receive justice. If you are a survivor of sexual abuse while an inmate at Lakeview Shock Incarceration Correctional Facility, contact an experienced New York sexual abuse lawyer at Stephen Bilkis & Associates. Sexual abuse of prisoners is not only against institution rules, it is illegal. We are here to help ensure that victims receive justice through civil action.Adult Survivors Act
On May 24, 2022, New York Governor Hochul signed into law the Adult Survivors Act. The act gives victims of sexual assault who are barred from suing due to the statute of limitations a one-year window of opportunity to pursue justice through civil claims. This law was necessary due to the complexity of the experiences that sexual assault victims go through. Survivors of sexual assault often need time to process what happened to them. Thus, it make take years for victims to be able talk about the assault. Until recently, with its short statute of limitations, New York law did not reflect the reality of the experience of sexual assault victims.
The Adult Survivors Act addresses this issue by giving victims a one-year window to bring civil suits against their victims, even though the statute of limitations that was applicable at the time has expired. The one-year window begins on November 24, 2022 and ends on November 23, 2023. Note that the Adult Survivors Acts applies only to specific situations as follows:
- The plaintiff must have been the victim of a sex crime as defined by N.Y. Pen. Law § 130 et seq.
- The plaintiff must have been an adult when the abuse occurred. This means they must have been at least 18 years old. This law does not apply to victims of childhood sex abuse. The 2019 New York Child Victims Act applied to sex abuse victims who were minors when abused. Its provisions were similar to the Adult Survivors Act.
- The statute of limitations that applied to the sex abuse must have expired. If you were abused more recently within the current statute of limitations, contact an experienced New York sexual abuse lawyer to discuss your legal options.
Through a civil lawsuit victims of inmate sexual assault at Lakeview Shock Incarceration Correctional Facility, you can demand compensation for the sexual assault. The person who committed the sexual assault would be the defendant. However, other employees of the facility may also be named as defendants if they protected the abuser. The amount of compensation to which you would be entitled to depends on the specific facts of your case. However, you would be entitled to compensation for your pain and suffering. Because of the abhorrent nature of the assault, the court would also likely award you compensation for punitive damages. To learn more about the amount of compensation to which you may be entitled, contact an experienced prisoner abuse attorney in New York.Stephen Bilkis & Associates Can help
Inmates abuse is against the law. Inmates have the right to be free of abuse and brutality. Victims of sexual abuse who were incarcerated at Lakeview Shock Incarceration Correctional Facility at the time of the abuse have the right to hold their abusers accountable by filing civil lawsuits against them. Because of the Adult Survivors Act, victims have the opportunity to pursue civil claims even though the statute of limitations has expired. To take advantage of this opportunity, you must act quickly as the deadline is on November 23, 2023. Contact an experienced prisoner abuse attorney serving New York at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County, Long Island, and Westchester County.