New York Caregiver Sexual Assault Lawyer
A caregiver is a person hired to care for someone who is unable to care themselves or who needs help caring for themselves. Caregivers are often hired to care for the elderly or for an adult who is disabled, seriously ill, or who is recovering from an illness or accident. They are entrusted with the job of making sure that the client’s needs are taking care of as the client’s not able to it themselves. Sadly, there are some caregivers who take advantage of their position and the vulnerability of the their clients and sexually assault them. Caregiver abuse can be a type of elder abuse, but the victim is not always elderly. If you believe your loved one was sexually assaulted by their caregiver, contact an experienced New York caregiver sexual assault lawyer at Stephen Bilkis & Associates. We are committed to helping victims of sexual assault receive the justice they deserve.Sexual Assault by Caregivers
Caregiver sexual assault can include:
- Unwanted sexual contact such as kissing, fondling, or touching genitalia, buttocks, or breasts
- Coerced nudity
- Lewd acts such as masturbating in front of the victim
- Any other sex offense prohibited by N.Y. Pen. Law § 130 et seq.
Oftentimes, because of their medical condition, the victim may not be able to communicate that they were sexually abused. However, there are signs of sexual abuse:
- Sexually transmitted diseases (STD)
- Pelvic injury
- Irritation or pain in the genital or anal area
- Bruises in the genital and thigh area
- Stained or torn undergarments
- Difficulty walking
- Discomfort when sitting
The victim may also become depressed, fearful, agitated, and have suicidal thoughts. In addition, as a result of the sexual assault, the victim’s overall physical and mental health may deteriorate as emotional trauma can exacerbate pre-existing medical conditions. If you believe your loved one was sexually assaulted by their caregiver, contact an experienced New York caregiver sexual assault lawyer.Compensation for Caregiver Sexual Assault
Through a personal injury lawsuit, the victim can hold the assailant accountable for their criminal actions. Even if the assailant is not charged or convicted of a crime, the victim can still proceed with a civil lawsuit based on the assailant’s tortious actions that are defined by their criminal actions.
The victim may be awarded compensation as follows:
- Medical bills. The victim would be entitled to compensation for their medical bills for injuries caused by the sexual assault.
- Lost wages. If the victim is unable to work because of the sexual attack, they would be entitled to compensation for lost wages and loss of earning capacity.
- Pain and suffering. The victim would be entitled to compensation based on the physical pain and suffering they endured because of the sexual assault, as well as for the psychological suffering they endured. Evidence of psychological suffering may include medical records that show depression, anxiety, suicidal thoughts, or PTSD.
- Punitive damages. Punitive damages may awarded if the court finds the actions of the assailant particularly outrageous. Not surprisingly, victims of sexual assault are routinely awarded punitive damages.
For a variety of reasons, caregiver sexual assault is underreported. Some victims never report it. In other cases it is reported years after it occurred. The result is that some victims find that the statute of limitations has passed and they are barred from pursuing pursue civil action against person who sexually assaulted them.
Because of the 2022 Adult Survivors Act, victims now have another opportunity to seek justice through personal injury lawsuits. The Adult Survivors Act only applies cases where the victim was adult when the sexual assault occurred and where the case would been barred by the statute of limitations. The law provides that between November 24, 2022 and November 23, 2023, those otherwise time-barred cases can be filed. Because this is a limited opportunity, if you or your loved one was sexually assaulted by a caregiver, it is important to immediately contact an experienced caregiver sexual assault attorney serving New York to discuss your options for receiving compensation.Contact Stephen Bilkis & Associates Today
If you or a loved one was sexually assaulted by someone hired to provide care, you deserve justice. Even if the assault occurred years ago and the statute of limitations has passed, there is a limited opportunity to file a lawsuit against the attacker. With over two decades of experience successfully representing victims in personal injury lawsuits, Stephen Bilkis & Associates can help. Contact us today 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.