At Morelli Law Firm, we’ve recovered over $1 billion for our clients throughout our 25 years of experience. Our Albany personal injury lawyers can review your case for free and determine what the next steps are in your sexual abuse case.
Where Can Sexual Abuse Happen?
Sexual abuse often occurs when there is a power imbalance over the victim. Some of the most common places where sexual abuse occurs include:
- Home and family settings: Sexual abuse can occur within the confines of one’s own home or family relationships, involving family members or individuals with access to the household.
- Educational institutions: Sexual abuse can happen in schools, colleges, and universities, involving teachers, staff members, or fellow students.
- Workplaces: Sexual abuse can occur in any workplace involving colleagues, supervisors, or clients. Employers must provide a safe environment and respond to reports of misconduct.
- Community and recreational spaces: Sexual abuse can happen in community centers, religious institutions, or recreational facilities. Safety measures and education on consent are important to prevent abuse.
- Online and digital platforms: Sexual abuse can occur in online spaces through grooming, sextortion, or non-consensual distribution of explicit materials. Online safety and reporting mechanisms are crucial for prevention.
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877-751-9800Damages an Albany Sexual Abuse Lawyer Can Recover
In a civil lawsuit, you have the opportunity to hold your abuser accountable and seek justice by pursuing damages. Our Albany sexual abuse attorneys can help you recover damages such as:
- Pain and suffering
- Medical expenses, including therapy and mental health services
- Loss of income and earning capacity
- Educational setbacks and related costs
- Diminished quality of life
- Rehabilitation and support services
- Other financial hardships caused by the abuse
Remember, you don’t have to face this journey alone. Consult with a compassionate and experienced sexual abuse lawyer who can guide you through the legal process, help you understand your rights, and advocate for the compensation you deserve.
How Long Do You Have to File a Claim Against Your Abuser?
If the abuse occured when you were a child, you have until you’re 55 years old to file a sexual abuse claim. But if you were over 18 when the abuse occurred, you have three years from the sexual abuse date to file a claim per New York’s personal injury statute of limitations.
It’s important to be aware that the statute of limitations for civil claims arising from criminal acts and involving the prosecution of the offender may be different. This can apply to cases involving both child and adult survivors.
Our sexual abuse lawyers in Albany understand that knowing exactly when to file can be confusing. So, before you attempt to file a claim alone, our team at Morelli Law Firm can give you a free consultation to tell you whether you have a valid case and when to file.
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877-751-9800How Sexual Abuse Affects You and Your Life
When you experience sexual abuse, the impact can be profound and far-reaching. It can affect every aspect of your life, leaving lasting emotional, psychological, and physical scars. Understanding the effects of sexual abuse is crucial not only for your healing journey but also for seeking the damages you may be entitled to from your abuser.
Emotional Impact
Emotionally, sexual abuse can cause feelings of shame, guilt, fear, and anger. It can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and difficulties in establishing trusting relationships. These emotional wounds may require therapy, counseling, or other forms of support to heal.
Physical Consequences
Sexual abuse can also have profound physical consequences. You may suffer from physical injuries, sexually transmitted infections (STIs), or chronic pain. Medical expenses incurred as a result of the abuse, including hospital visits, medications, surgeries, and ongoing treatment, can be part of the damages you seek in a civil lawsuit.
Personal and Professional Disruption
Furthermore, sexual abuse can disrupt your personal and professional life. It may lead to a loss of self-esteem, educational setbacks, or difficulties in maintaining employment. If you have experienced financial losses or are unable to work due to the consequences of the abuse, seeking compensation for lost wages, diminished earning capacity, and other related financial damages can be essential for your recovery.
How Does the Civil Sexual Abuse Process Differ From the Criminal Process?
When seeking justice for sexual abuse, it’s important to understand the differences between the civil and criminal processes. While both aim to address the harm caused by sexual abuse, they operate in distinct ways and serve different purposes.
Consequences For the Abuser
In the criminal process, the focus is on establishing guilt and holding the perpetrator accountable for their actions. If found guilty, the perpetrator may face criminal charges, which can result in imprisonment, probation, fines, or other criminal penalties. However, it’s important to note that the burden of proof in criminal cases is “beyond a reasonable doubt,” which is a higher standard compared to civil cases.
In contrast, the civil process focuses on providing compensation and financial restitution. Instead of the perpetrator facing jail time, they are held accountable through monetary awards that aim to compensate for the damages you suffered. This compensation can cover various aspects, such as medical expenses, therapy costs, pain and suffering, lost wages, and other losses resulting from the abuse.
Burden of Proof
In civil cases, there is an important distinction regarding the burden of proof, which is generally lower compared to criminal cases. In civil proceedings, the standard of proof is often referred to as the “preponderance of the evidence,” indicating that the evidence demonstrates it is more likely than not that the abuse occurred. This can provide a greater opportunity for you to seek justice, as you may be able to pursue a civil case even if a criminal case does not result in a conviction.
In civil sexual abuse cases, the burden of proof rests on you, who must present evidence to establish the liability of the accused party. While the burden of proof is lower than in criminal cases, it still requires a convincing demonstration that it is more likely than not that the abuse occurred.
Contact Our Sexual Abuse Lawyers in Albany
At Morelli Law Firm, our team can help you understand your rights and file a personal injury claim against your abuser. Our Albany sexual abuse attorneys can answer any questions you have about your case so you know what’s happening at all times.
Contact us for a free consultation.
Call or text 877-751-9800 or complete a Free Case Evaluation form