New York Correctional Facilities Sexual Abuse Lawyer
Women who were sexually abused while they were inmates at Bayview, Bedford Hills, Taconic, and other correctional facilities in New York now have new opportunity to seek justice and compensation for their losses they suffered, including pursuing civil lawsuits even though the statute of limitations has expired. Under the new Adult Survivors Act, survivors of adult sexual assault can file lawsuits and seek a financial recovery even if the sexual abuse occurred many years ago. If you were sexual abuses while incarcerated, the experienced New York correctional facilities sexual abuse lawyers at Stephen Bilkis & Associates has the knowledge, skill, and resources to help ensure that your legal rights under the Adult Survivors Act are protected and that you receive the maximum compensation to which you are entitled.
Abuse at Correctional Facilities in New YorkSadly, sexual abuse of inmates at correctional facilities in New York is not uncommon. For example, reports show that sexual abuse at the now closed Bayview Correctional Facility was 5x more than the national average. There has been at least one incident in which a former prison guard at Bayview pleaded guilty to rape. There are other instances in which prison guards have fathered children with inmates.
Similarly, there are several instances in which prison staff at Taconic Correctional Facility have been convicted of sexual assault of inmates. For example, Garth Trail, a former head cook at Taconic, pleaded guilty to 3rd degree criminal sexual act and connected to an incident with an inmate in September 2017. In 2017, Jeffrey Green, a former correction officer at the Bedford Hills Correctional Facility for Women pleaded guilty to violating the constitutional civil rights of an inmate by sexually assaulting her.
This list goes on and one. While sexual assault a prisons is not uncommon, it is underreported.
The Adult Survivors ActThe governor of New York signed the Adult Survivors Act into law on May 24th 2022. This means that inmates who were victims of sexual abuse at Bayview, Bedford Hills, Taconic, or any one other correctional facility in New York can file a lawsuit seeking compensation. However, this law has an expiration date. Claims related to abuse that would otherwise be barred by the statute of limitations must be filed between November 24, 2022 and November 23, 2023. The New York correctional facilities sexual abuse lawyers at Stephen Bilkis & Associates have helped victims recover hundreds of millions of dollars in their 20 + years of experience. We are here to help victims of inmate sexual abuse. Note that victims can still file lawsuits even if they abuse was not reported or even if the offender was never charged or convicted of a criminal offense.
By filing personal injury lawsuits against the corrections officer, prison staff, or prison volunteer, survivors of sexual about have the opportunity to hold them accountable for their criminal actions. Through a civil lawsuit, survivors can demand compensation for both their physical injuries as well as for their psychological trauma. To learn about the steps you would need to take to file a lawsuit against your abuser, contact an experienced correctional facilities sexual abuse attorney in New York.
Consent is Not a DefenseInmates who were victims of sexual abuse by corrections officers or other prison officials do not come forward because they fear that their abuser would claim that they consent to the sexual act. Some inmates may believe that the sexual activity was not abuse because they either initiated it or did not object to it. It’s important to understand that any sexual contact between a prisoner and a guard is prohibited by law. Inmates, just like residents of certain other types of institutions, do not have the legal ability to consent to sexual contact with employees of the facility such as corrections officers. N.Y. Penal Law § 130.05 prohibits provides anyone who provides inmates services from legally engaging in sexual acts with them. This includes correctional officers, volunteers, or other employees who provides inmate services. Thus, if you had a sexual contact with a correctional officer, volunteer, or other prison official, you were a victim. The abuser cannot use consent as a viable defense.
Contact Stephen Bilkis & AssociatesIf you or someone you know was the victim of sexual assault while incarcerated at a correctional facility, the experienced correctional facilities sexual abuse attorney serving New York at Stephen Bilkis & Associates can help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County, Long Island, and Westchester County.