Sexual Harassment

Sexual Assault Lawyers in New York

Civil Claims Involving Individual & Institutional Liability

A civil sexual assault claim is separate from a criminal prosecution. A survivor may be able to pursue compensation even when there hasn’t been an arrest, criminal charge, or conviction. Civil claims generally use the preponderance of the evidence standard, which asks whether a fact is more likely than not to be true and imposes a lower burden of proof than the criminal standard.

Depending on the facts, a claim may involve the person who committed the assault and an institution whose conduct or omissions contributed to the harm. Our New York sexual assault attorneys can examine who controlled the setting, who knew or should have known about a risk, and whether complaints or warning signs were ignored. The initial review may also consider the survivor’s age at the time, the date and location of the assault, and the relationship between the parties.

Godosky & Gentile has represented New Yorkers in high-stakes personal injury litigation since 1995. Our trial lawyers bring over a century of combined trial experience to every case, and our team includes a former judge who understands firsthand how New York courts evaluate misconduct and damages. Lawyers and judges across New York City have trusted us for their own legal representation.

Our attorneys hold Martindale-Hubbell AV Preeminent ratings and have been named Super Lawyers and Best Lawyers in America. Our broader trial record includes a $65 million award in a medical malpractice matter and a $25.2 million verdict in a civil rights case. These results demonstrate our ability to investigate and present complex, high-stakes litigation, but they don’t predict the outcome of a sexual assault claim.

We collect no legal fees unless we obtain a verdict or settlement on your behalf.

For a free, confidential consultation, Contact Godosky & Gentile or reach us online. Call (212) 742-9706. Para hablar con nosotros en español, llame al (212) 742-9706.

Types of Sexual Assault Civil Cases We Handle in New York

Sexual assault civil claims arise in a wide range of settings. A perpetrator may be a stranger, an acquaintance, a coworker, a supervisor, a medical provider, clergy, or another person in a position of authority or trust. A civil lawsuit can name multiple defendants when the facts and applicable law support claims against more than one person or entity.

Third-party and institutional liability may arise in the following settings:

Residential buildings and rental properties: Property owners and landlords may have a duty to maintain reasonably secure premises. When inadequate security contributes to an assault, such as broken locks, poor lighting, or unmonitored access points, premises liability may apply to the building owner.
Workplaces: Employers may be held liable when they knew about a risk, failed to supervise an employee, or didn’t take appropriate action after a complaint.
Schools and universities: Educational institutions can face civil liability when they knew or should have known about an abuser and failed to take legally required protective action.
Religious organizations and youth groups: Institutions that concealed abuse, disregarded complaints, or allowed continued access to vulnerable people may be held accountable in civil court.
Healthcare settings: Hospitals and medical practices may face institutional liability for assaults by providers or staff when the facts establish negligent hiring, supervision, retention, or another recognized legal theory.
Transit: New York courts have recognized that transit operators and entities may owe a duty of care to passengers in certain circumstances.

Whether an institution can be sued depends on its relationship to the parties, control over the setting, notice of a prior risk, and the duties imposed by law. Identifying every potentially responsible party is one of the most consequential steps in a civil sexual assault claim because each defendant’s conduct, available evidence, and insurance coverage may affect the legal options available.

New York Civil Sexual Assault Deadlines & Key Rules

The applicable deadline depends on the conduct alleged, the survivor’s age when it occurred, the identity of each defendant, and the legal theory asserted. Claims involving institutions, employers, property owners, or public entities may be governed by different deadlines and procedural requirements.

Important timing rules include:

CPLR 213-c: New York provides a 20-year filing period for civil claims based on specified sexual offenses, including listed rape, incest, aggravated sexual abuse, and child sex-offense conduct. The statute doesn’t require a criminal charge or conviction for the civil claims it covers.
Adult Survivors Act: This law created a one-year revival window for certain adult sexual abuse claims that had previously become time-barred. That revival window closed on November 24, 2023, although another limitations period or legal theory may still require separate analysis.
Childhood sexual abuse claims: The Child Victims Act changed the deadlines for certain claims arising from childhood sexual abuse. Its application depends on the survivor’s age, the dates involved, the defendants, and the specific causes of action.
Third-party and public-entity claims: Claims involving negligent security, institutional conduct, employers, or government defendants may have separate statutes of limitations, notice requirements, or shorter procedural deadlines.

A civil lawsuit can proceed simultaneously with, after, or entirely independently of criminal proceedings. A conviction isn’t required. Courts may permit the use of initials or a pseudonym in some cases, and protective orders may limit disclosure of sensitive information, but these protections aren’t automatic and depend on the proceeding and the court’s decision.

If you’re uncertain whether your filing window has closed, don’t assume the answer. A timely legal review can identify which deadlines apply to each potential defendant and whether a civil claim remains available.

Compensation in a New York Civil Sexual Assault Lawsuit

A civil lawsuit can’t undo the trauma of an assault. What it can do is seek financial resources for recovery and a measure of accountability that the criminal system alone may not deliver. New York civil law recognizes several categories of damages in these cases when supported by the facts and evidence.

Economic Damages

These cover quantifiable financial losses: past and future medical expenses, therapy and mental health treatment costs, lost wages, and reduced earning potential. If an assault has affected your ability to work or required ongoing care, those losses may be included in a claim. Medical bills, treatment records, wage information, and employment documentation can help establish their extent.

Non-Economic Damages

Pain and suffering, emotional distress, and loss of enjoyment of life may be compensable under New York law. These damages reflect the human cost of what survivors experience. They are injuries that don’t appear on a medical bill but can shape daily life, personal relationships, and the ability to work or participate in familiar activities.

Punitive Damages

In cases involving particularly egregious conduct, New York courts may award punitive damages to punish the wrongdoer and deter future harm. Whether they are available depends on the defendant’s conduct, the claims asserted, and the governing law. They may be pursued when evidence supports allegations of especially willful, malicious, or reckless behavior.

The value of any individual claim depends on the conduct alleged, the identities of the responsible parties, the available evidence, the applicable legal theories, and the documented impact on the survivor’s life and livelihood. Our attorneys can assess those factors and explain which categories of economic and non-economic damages may apply without promising a particular recovery.

Why Choose Godosky & Gentile?

Comprehensive Legal Support
From initial consultation to final resolution, delivering top-tier representation with skill, diligence, and a results-driven approach.
Recognized Expertise
Respected trial attorneys with a reputation for winning complex cases through precision, strategy, and an unwavering pursuit of justice.
Client-Centered Advocacy
Fiercely committed to securing justice and maximum compensation—because every client deserves a powerful voice in the legal system.
Decades of Proven Results
A legacy of success in high-stakes personal injury and catastrophic accident cases, built on relentless advocacy and exceptional legal strategy.

Trial Preparation for Civil Sexual Assault Claims

We prepare every personal injury case as if it may proceed to trial, examining available records, witness accounts, prior complaints, and the evidence needed to document damages.

Our team includes a former judge who brings firsthand perspective on how New York courts evaluate evidence, misconduct, and damages. Our attorneys also have prosecution and defense-side litigation experience, which informs how we assess disputed facts and anticipate opposing arguments.

Our broader record in complex litigation includes a $65 million Bronx County medical malpractice verdict and a $25.2 million civil rights verdict involving an NYPD officer. Our record-breaking verdicts in construction accident and civil rights cases demonstrate our ability to analyze multi-party liability and present high-stakes claims under scrutiny. They are evidence of broader trial capability, not a prediction of results in a civil sexual assault case.

Our attorneys have held leadership roles in New York trial-lawyer organizations.

Steps to Take After a Sexual Assault in New York

You can seek medical care, confidential support, and legal guidance whether or not you’ve decided to report the assault or pursue a civil claim. Delayed disclosure, a lack of visible physical injury, or the absence of criminal charges doesn’t automatically eliminate every civil option.

Consider these steps:

Seek medical attention promptly. A SAFE forensic examination is a sexual assault examination conducted by trained medical professionals to address health concerns and collect potential evidence. New York State Department of Health SAFE programs provide medical and forensic support through designated hospitals. You can seek care even if you haven’t decided whether to make a police report.
Consider reporting to law enforcement. A police report creates an official record and may initiate criminal proceedings. A civil lawsuit can proceed even if you choose not to report or if no arrest is made. Reporting is a personal decision and isn’t a universal requirement for consulting civil counsel.
Preserve records and evidence. Keep photographs, medical reports, text messages, emails, clothing, and written notes about the incident when it’s safe to do so. Record dates, locations, and the names of potential witnesses. Contemporaneous materials may help an attorney evaluate what occurred and identify evidence that should be requested or preserved.
Access confidential support. The New York State Domestic and Sexual Violence Hotline is available at (212) 742-9706, with text support at (212) 742-9706 and online chat through the New York State Office for the Prevention of Domestic Violence. New York City also identifies Safe Horizon’s rape and sexual assault hotline at (212) 742-9706.
Consult our personal injury attorneys. Our attorneys can identify potential defendants, preserve evidence, and determine which filing deadlines apply. Communications with our attorneys are confidential, and a consultation doesn’t commit you to filing a lawsuit.

To speak with us about a potential civil claim, call (212) 742-9706 for a free, confidential consultation.

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