Sexual Assault Attorney in NYC: Compassionate Legal Support for Survivors
At Cohen & Cohen Personal Injury Lawyers, P.C., we represent survivors of sexual assault because we understand how difficult it can be to come forward. Thus, we approach every case with discretion, respect, and care.
Our New York attorneys represent survivors in civil cases against both perpetrators and the institutions that were negligent in the hiring, retention, and supervision of their employees. New York law provides multiple avenues to hold individuals and organizations accountable — and we know how to pursue them. We offer free, confidential, no-obligation case evaluations so you can understand your options and decide how to proceed.
Contact us now for immediate support.
Understanding Your Legal Rights in Sexual Assault Cases
The New York legal system offers protection for survivors by permitting them to pursue civil claims against perpetrators and liable entities.
Under New York law, Penal Law Article 130 and the Civil Rights Law, unwanted sexual contact is defined as any touching of an intimate nature without a person’s consent. This gives rise to both criminal prosecution and civil liability for damages, regardless of the victim’s age or background.
As it relates to consent, consent must be a clear and voluntary agreement. The person giving consent must be awake, conscious, and cannot be forced into consent. Importantly, an individual can withdraw their consent at any time. In civil litigation, establishing a lack of consent is critical for your recovery for physical, emotional, and financial harm.
Our Cohen & Cohen attorneys understand the definitions of sexual assault give rise to various claims and pursue claims on your behalf accordingly. Some include:
- Rape, involving forced penetration;
- Forcible touching, involving unwanted contact of private areas;
- Sexual misconduct, an umbrella category that covers a wide range of inappropriate behaviors.
Serious criminal charges like first-degree rape carry no statute of limitations. In civil cases, survivors of felony level sexual assault generally have a 20-year statute of limitations to file a lawsuit.
Common Settings Where Sexual Assault Occurs
Assaults can happen anywhere and frequently occur where people expect to be safe. Common settings include:
- Schools & universities: Students facing assault on campus may have powerful legal claims against their school under both federal law and New York Common Law. Schools have a duty to protect students from known dangers. Civil claims typically proceed under theories of negligent supervision and negligent hiring.
- Religious institutions: New York Courts have held churches, synagogues, mosques, and other institutions liable for the misconduct of their leaders and members under theories of negligent supervision and respondeat superior (Latin for let the master answer);
- Workplaces: Under New York Human Rights law, and New York City-based claims, the New York City Administrative survivor code permits claims directly against the employer. As such, under both the HRL and common law, employers may be subject to liability.
- Sports organizations: Coaches and trainers hold power over athletes. Abuse in sports happens far too often, so organizations must screen and monitor their staff.
- Public spaces and transportation: Any actions against a municipality require a notice of claim to flied within 90 days assault. Failure to submit notice of claims within the prescribed time period may affect a victim’s ability to pursue recovery.
What are the Legal Options for Sexual Assault Survivors?
Sexual assault survivors in New York have several legal avenues available to them. Pursuing one avenue of legal recourse does not prevent a victim from using another avenue. A sexual assault lawyer in NYC can help guide and build this case for you by explaining the options available to you.
A civil lawsuit is the most common and effective option available to survivors because civil claims move forward regardless of whether the perpetrator was arrested or criminally charged. In a civil action, the focus is on you, and the purpose is to secure compensation for your physical injuries, emotional suffering, lost income, and other financial loss associated with the assault.
Another avenue is to report the assault to the New York City Police Department. From there, the District Attorney’s office determines whether to pursue criminal charges against the perpetrator. A successful criminal prosecution may result in incarceration and a permanent criminal record for the abuser. While the decision to prosecute rests with the District Attorney, reporting a sexual assault can strengthen a parallel civil case.
Understanding the Difference Between Criminal and Civil Cases
The criminal and civil systems serve different purposes, and understanding the distinction is critical for survivors to navigate the legal avenues of recourse.
In criminal cases, the District Attorney prosecutes the offender on behalf of New York State. The burden of proof is guilt beyond a reasonable doubt, the highest standard in our legal system. A conviction can result in imprisonment, probation, and a permanent criminal record.
In a civil case, the focus shifts entirely to the survivor. The burden of proof is significantly lower, meaning that a victim must prove that it is more likely than not that the assault occurred. Unlike criminal prosecution, the goal in civil litigation is financial accountability, i.e., ensuring that you are compensated for everything the assault has caused you.
Navigating these systems while recovering from trauma can feel like an insurmountable burden. A skilled attorney, like our Cohen & Cohen attorneys, can help tailor your justice centered toward your healing.
What Should You Do If You Have Been Sexually Assaulted in NYC?
If you’ve been sexually assaulted in New York City, your safety comes first. Get to a safe location immediately. Once safe, the following steps can help protect both your health and your legal rights.
Immediately Seek Medical Attention
Go to a hospital or emergency room as soon as possible. Medical professionals can treat physical injuries, address the risk of infection, and provide additional support.
At the hospital, you can request a forensic examination be performed by a trained Sexual Assault Forensic Examiner (SAFE). This exam collects and preserves physical evidence that may be vital to both criminal investigation and a civil lawsuit. SAFE exams are provided free of charge to survivors in New York, and you do not need to file a police report in order to receive a SAFE Exam.
Preserve All Evidence
In addition, evidence that should be preserved includes: texts, emails, voicemails, photos, and any other communication with the perpetrator or witnesses.
Consider reporting to Law Enforcement
Reporting the assault to the New York City Police Department is entirely your choice. If you decide to report, your statement will be documented in an official police report, which can serve as critical evidence in both criminal and civil actions.
Speak with a Sexual Assault Attorney
After addressing your immediate safety and health, speak with a New York sexual assault attorney from Cohen & Cohen Law Group who will listen to your story in complete confidence and will explain how the law applies to your case.
Compensation Available for Sexual Assault Survivors in NYC
You can seek financial compensation for the harm you have suffered to help rebuild your life. Here are the legal compensation options available for survivors who have suffered sexual abuse in NYC.
- Economic damages: These damages cover your direct financial losses. They include hospital bills, therapy costs, and medication. They also pay for the wages you lost if you could not work. Economic damages can also include long-term expenditures like the cost of moving out of a triggering workplace, continuous therapy, and any career retraining you need.
- Non-economic damages: Non-economic damages are the damages that cover your emotional anguish. Abuse leaves people with a lot of mental stress, fear, and worry. So, a sexual assault lawyer in NYC goes for money to show that this pain is real.
- Punitive damages: Sometimes, in cases of egregious misconduct, the court might award punitive damages to punish them. This is when the abuser or institution acted with extreme malice. The purpose of this compensation is to send a warning to others.
What are the Unique Challenges Faced by Survivors in NYC?
The challenges in pursuing a sexual assault claim go beyond the legal complexity of the case itself. The biggest challenges stem from a fast, complex, moving legal system in conjunction with cultural and community barriers as well as institutional organizations aggressively defending their reputation.
Fast Complex Moving Legal System
New York City courts are among the busiest courts in the country. Rules, procedures, and local practices vary significantly across boroughs and courtrooms. An experienced sexual assault lawyer in New York knows how to handle these obstacles.
Cultural and Community Barriers
New York City is one of the most diverse cities in the world. Queens alone is home to over 80 different languages. At the same time, certain communities face unique barriers to reporting assault and pursuing legal action, including cultural stigmas, language barriers, immigration concerns and fear of retaliation. Our experienced Cohen & Cohen Personal Injury Lawyers, P.C. sexual assault lawyers understand the sensitivities and can help survivors navigate the legal system in a way that respects and protects their specific circumstances.
The Role of Institutions in Sexual Assault Cases
Large institutions fight hard to protect their image when facing sexual assault and abuse cases. They hire aggressive defense teams and only a Cohen & Cohen Personal Injury Lawyers, P.C. sexual assault attorney in NYC has the experience and resources to combat their aggressive defense.
New York law holds institutions accountable through multiple legal theories, including vicarious liability and negligent hiring, retention, and supervision. Under vicarious liability, an employer can be held responsible for an employee’s wrongful acts. Under negligent hiring, retention, and supervision, institutions can be liable where it knew or should have known of a danger and failed to act. No institution is above accountability and our trained Cohen & Cohen attorneys fight for accountability.
Some examples of institutional negligence include:
- A hospital might ignore complaints about a doctor.
- Schools might fail to fix broken locks on dorm room doors.
- A religious group might move an abusive leader to a new church instead of firing him.
For example, Columbia University and New York-Presbyterian Hospital agreed to a $750 million settlement in 2025 . This settlement covered hundreds of sexual abuse claims by former patients of Dr. Robert Hadden.
How to Hold Employers Accountable for Workplace Sexual Assault
Your employer must provide a harassment-free environment. New York City has very strict workplace laws, so employers must train their staff on sexual harassment. They must investigate all complaints quickly and fairly.
As a clear example, a jury awarded $5.5 million to a former security guard who was sexually assaulted by her supervisor at a private security firm in January 2026.
This shows that you can sue a company to claim a high-value settlement. An experienced sexual assault attorney in New York will aggressively pursue the company’s insurance policies.
How NYC’s Sexual Abuse Acts Protect Survivors
New York laws give survivors more time to seek justice. You may have options even if the assault happened decades ago. Two key legal acts to know are:
- Child Victims Act (CVA) : This act changed the rules for people abused as children. It created a special window for survivors to file civil lawsuits, regardless of how much time had passed. Many survivors use CVA to hold abusers accountable.
- Adult Survivors Act (ASA) : This act did the same thing for people who were abused as adults. It gave survivors the right to sue abusers and organizations long after the original deadline had passed.
These laws understand that trauma takes time to process. Even though the special windows are now closed, the standard time limits in New York are substantially longer than they used to be. You should speak with a sexual assault lawyer in NYC to check your exact deadlines.
The Importance of Trauma-Informed Legal Representation
You need a team that understands the psychological impact of the assault. An experienced attorney understands that talking about the assault brings up painful memories.
A trauma-informed lawyer listens to your story without judgment. Experienced lawyers at Cohen & Cohen Personal Injury Lawyers, P.C. explain every step clearly so you are never surprised. We try to limit how many times you have to tell your story so the process does not feel overwhelming.
In addition, the right sexual assault attorney in NYC prioritizes your comfort and agency throughout the legal process. Therefore, focus on finding a lawyer who respects your boundaries and understands that deep trauma can affect memory, pacing, and the ability to revisit events. Ask questions such as, “How do you prepare clients for stressful depositions?” to assess a firm.
The Step-by-Step Process of Filing a Civil Case for Sexual Assault
Here’s how filing a civil case for sexual assault usually works:
- Claim Filing: Your lawyer will write out a legal complaint. This paper tells the truth about your case and names the people who are to blame. It is the official start of the lawsuit.
- Gathering evidence: Your sexual assault lawyer in New York may use digital documents like texts, emails, or receipts from ridesharing services to support your claim. Any proof that the accused was there, as well as testimony from anyone you told about the event soon after it happened (“outcry witnesses“), is useful. Your medical records, changes in your daily routine, and notes from your therapist can all help prove what you say.
- Settlement negotiations vs. going to trial: The defendant will likely offer money to settle the case privately. The lawyer will work to get the most compensation money possible. If they don’t pay what they owe, we will take the case to court and tell a jury your story.
Where to Get Help and Support in NYC
You are not alone. There are a lot of resources for survivors in NYC. You can call 311 or support hotlines 24 hours a day, where trained professionals will listen to your story and offer advice. Some government organizations can also help you find emergency shelter.
You can also find some local counseling and support groups in New York that meet weekly to share their experiences. Speaking with other survivors can provide immense comfort. Alternatively, you can find individual therapists who specialize in trauma.
New York State offers programs to help victims pay for medical care. You can apply for funds through the Office of Victim Services. A sexual assault lawyer in New York can help you complete the paperwork.
How Cohen and Cohen Law Group Empowers Survivors
We, at Cohen and Cohen Law Group, stand ready to fight for your rights. Our award-winning firm delivers results, and we understand this is a very traumatic time for you. Thus, we offer a completely free case evaluation.
Your first meeting with us is a confidential legal consultation. It is protected by the attorney-client privilege from the moment you begin speaking. Our team keeps everything you share private and will not disclose it to anyone without your consent, even if you decide not to move forward.
You can call us or visit one of our four convenient office locations across New York City, including Queens. Reach our team by phone at the main office or by filling out our online contact form.
You have survived a terrible ordeal, and you have the strength to seek justice. We know that making the first call takes courage, and we are here to support you the moment you do. We work on a contingency fee basis, so you pay nothing up front.
Let us handle the legal side of things so you may get on with your life.
FAQs
How Long Do I Have to File a Lawsuit for Sexual Assault in NYC?
The Child Victims Act lets those who were abused as kids bring claims until they become 55. Adults generally have up to 10 years under the Adult Survivors Act. Consult a qualified lawyer quickly to confirm your exact deadline.
Can I Sue an Institution for Enabling Sexual Assault?
Yes, you can sue an institution like a school, hospital, business, or church for enabling sexual assault. This is eligible if they failed to protect you, so you can sue them for negligence. It is the responsibility of institutions to keep their premises safe and monitor their employees.
What Evidence is Needed to Prove a Sexual Assault Case?
You need some solid evidence in a civil case to prove a sexual assault case, including police reports, medical records, witness statements, and expert testimony. However, you can still win a civil lawsuit even without a criminal conviction.
How Can a Lawyer Help Me Recover Compensation for Sexual Assault?
A sexual assault lawyer in NYC helps you recover compensation for sexual assault by investigating the facts and filing the paperwork. The lawyer will also negotiate with insurance companies to maximize your financial recovery.