New York Institutional Liability for Adult Sexual Abuse Lawyer

Signed into law on May 24, 2022, the New York Adult Survivors Act amends the state’s statute of limitations for civil actions related sex abuse and other sexual offenses committed against those who were at least 18 years old at the time of the offense. Despite the expiration of the statute of limitations, this law allows for a one-time, one-year window to bring civil actions. The one-year window begins on November 24, 2022 and ends on November 23, 2023. Not only will victims have the opportunity to sue those who abused them, but will also allow for civil actions to be brought against the abuser’s employer. Institution liability for adult sexual abuse allows victims to hold accountable those who through negligence or willfulness allowed the abuse to occur or go unpunished. If you were the victim of sexual abuse in an institution such as a correctional facility, contact an experienced New York sexual abuse lawyer at Stephen Bilkis & Associates. We are here to help ensure that you receive the maximum compensation to which you are legally entitled.

While abuse can and does happen in any type of institution or business, it is a particular problem at women’s correctional facilities in New York. There is evidence that sexual abuse occurred at the now closed Bayview Correctional Facility at a higher rate than the national average. There has also been a substantial amount of sexual abuse of inmates at Albion Correctional Facility, Bedford Hills Correctional Facility, and Taconic Correctional Facility. If you’ve been abused, now is the time to contact an experienced New York sexual abuse lawyer.

Even though there has been sexual abuse of inmates by corrections officials for decades, relatively few incidents are appropriately investigated and relatively few abusers have been held accountable. There are many reasons for this.

• Victims needs a long time to process. Some victims needs a long time to process the psychological trauma of being raped, sexually abused, or being a victim of some other type of sex offense. They experience a wide range of emotions including denial, shame, depression, and even suicidal thoughts.
• Fear of retaliation. Many victims fear retaliation. In fact, abusers often warn them not to tell anyone what happened. Concerns about retaliation are not unfounded as those who have reported have lost privileges. In other environment, those who reported abuse have lost their jobs or have been sued.
• Lack of support or resources. Some victim are unsure to whom to report the abuse and to whom to go to for advice.

The Adult Survivors Act not only authorizes claims against the person who committed the sexual abuse, but also authorizes claims against institutions such as correctional facilities for negligent or intentional acts as well. Lawsuits against both the abuser and their institution may can result in financial recovery from both for economic damages, non-economic damages, and punitive damages. While the basis of lawsuit against abusers would be an intention tort, the basis of lawsuits against institution would likely be negligence. For example, in the case of a correctional facility, the victim may sue for negligent hiring, negligent retention, or negligent supervision. To learn more about bringing a lawsuit against an institution, contact an experienced sexual abuse attorney in New York.

Note that regardless of who the victim sues, there is a very short window to sue based on the Adult Survivors Act. The lawsuit against the institution must filed between November 24, 2022 and November 23, 2023. After the one-year window closes, lawsuits will again be time-barred and there will not be another opportunity to seek justice.

If you were sexually abused, you have an opportunity for justice. Through a civil lawsuit, you can not only hold the abuser accountable, but also the institution where the abuse occurred. If you are someone you know was abused and the statute of limitations expired, contact an experienced sexual 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 victims of sexual abuse in the Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County, Long Island, and Westchester County.