Staten Island Attorney for School Sex Abuse Claims
Victims of sexual abuse at school or by teachers, coaches, and other people in positions of trust, might hesitate to come forward. Especially when the abuse happens to minors, they might not know what to do next, who to tell, and whether what happened to them was even normal or not. In many cases, sexual abuse claims are filed years later, which NY law supports.
If you were abused as a minor at school or by a teacher, our lawyers are here to help. You can come forward, tell your story, and – ideally – get financial compensation for what happened to you. Our lawyers are ready to listen to your story and fight for you.
For a free evaluation of your case, call our attorneys for school sex abuse claims today at The Carrion Law Firm at (718) 841-0083.
Filing Claims Against Schools for Sexual Abuse in Staten Island
In many cases of what we call “institutional sexual abuse,” an entity like a school or church is sued for the abuse. While the abuse might have been committed by one individual abuser, an employee who commits sexual abuse while relying on their position within an institution can make the institution liable for the abuse.
In the case of a school, this means suing the school itself for abuse committed by a teacher, coach, faculty member, or staff member. Under the law in New York, an employer is responsible for many of the things that an employee does in the course of their job duties. Abusing their job to gain the trust of their victims; using their office, classroom, or locker room as a place to assault children; and relying on their position of authority to keep victims quiet all relate to their job and can lead to the school being held accountable for the worker committing sex abuse.
This is all especially heinous if the school knew about allegations of abuse, did not properly investigate what happened, and potentially even covered up the allegations. This not only allows the abuser to get away with what happened – at least temporarily – but also puts more kids at risk of abuse by leaving the abuser in a position of authority within the school. This, too, allows the school to be a target of the lawsuit.
What Constitutes Sexual Abuse Under New York Law on Staten Island?
The term “sex abuse” is very broad and encompasses a wide range of specific conduct. As such, nearly anything that you might consider sexual abuse in the lay sense of the word will qualify under the legal definitions of “sexual assault” or some other type of illegal conduct. Our attorneys for school sex abuse claims can help you understand whether the specific acts involved in your case qualify, but the following all generally constitute “sex abuse” for purposes of a lawsuit.
Each of the following acts falls under the list of conduct in C.V.P. Law § 208(b), which lays out, by reference to the Penal Code, specific harmful acts that allow for an extended deadline to file a civil claim for those abused as minors. This law also specifically states that there does not need to be a corresponding criminal charge filed for the conduct in order to get this extended deadline for child sexual abuse.
Sexual Touching
Whether you refer to this as “molestation” or something else, any sort of sexual touching, whether over or under the clothes, qualifies as sex abuse. Minors cannot legally consent to this kind of touching, so an adult who touches a child this way is committing both a crime and tortious conduct that can lead to a sex abuse lawsuit.
Sexual Assault
The term “sexual assault” is also quite broad and can encompass a variety of illegal conduct. In this sense, we are talking about forceful contact of a sexual nature. This kind of assault can certainly be grounds for a lawsuit for assault and battery at the very least, but it also tends to qualify for a sex abuse claim as well.
Rape
The outer boundaries of what is and is not considered “rape” are often debated. For instance, does “rape” have to require injury? Nearly anywhere you draw the lines to define “rape” will also qualify as “sexual abuse” under New York law, including “sexual conduct” involving the anus or mouth.
Incest
Although this is unlikely to occur in the context of school sexual abuse, incest also qualifies as sexual abuse.
Child Pornography
Even though it might not involve actually touching a child, it is squarely considered sexual abuse to take pictures of or record a child performing sexual acts.
Deadline to File Childhood Sexual Abuse Lawsuits for Minors Abused at School in Staten Island
Under the same § 208-B listed above, victims who were minors when they were sexually abused have until they turn 55 years old to file a lawsuit for what happened to them. Note that this only affects cases that occurred after this law was passed.
There was another law, C.V.P. Law § 214-G, that opened a “lookback window” that would allow cases that were previously time-barred to be filed again anyway, but that window has since closed as of the writing of this article. Nonetheless, there might be other ways to extend your filing deadline, such as the general time extension under § 208(a), which prevents the normal statute of limitations from beginning to run until the victim turns 18.
Since these rules are quite complex, it is important that you always act quickly and talk to a lawyer about filing your case as soon as you are aware of what happened to you. It is important not to rely on potential future legislation, which might open a new lookback window, but to instead file your case as soon as you can.
Call Our School Sexual Abuse Victim Lawyers in Staten Island Today
For help bringing a sexual abuse case against a school, contact the attorneys for school sex abuse claims at The Carrion Law Firm at (718) 841-0083.