The Calm & Steady Approach to Pursuing Justice for Survivors of Sexual Abuse and Sexual Assault in Westchester & NYC

Survivors of sexual abuse and sexual assault have been exposed to trauma that can last a lifetime. The effect of sexual trauma is well known to have serious negative consequences on one’s mental health and overall quality of life. Regardless of whether the trauma was recent or happened a long time ago, survivors may experience anxiety, depression, post-traumatic stress disorder (PTSD), and other related conditions.

If you or a loved one is a survivor of sexual abuse or sexual assault, the Law Office of Michael J. McConnell wants you to know that you are not at all alone as New Yorkers from across all genders, ages, and sexual orientations have experienced sexual trauma. Michael J. McConnell is a compassionate lawyer who fully understands that navigating the aftermath of sexual abuse and sexual assault can be incredibly challenging. For that reason, he seeks to provide survivors of sexual trauma with compassionate legal support designed to empower survivors and hold perpetrators accountable. 

The Law Office of Michael J. McConnell offers free consultations to survivors of sexual abuse and sexual assault. The free consultation will be completely confidential to ensure your privacy and can be done in person, over the phone, or by video at the date/time that works best for you, including nights and weekends. 

To schedule your free consultation, please call (914) 810-0510, email info@mcconnellinjurylaw.com, or submit an online form through our website. 

Actions That Qualify as Sexual Abuse and Sexual Assault in New York

In New York, there are a number of ways that sexual abuse and sexual assault can occur. The list below includes the most common examples, but there are countless others as well. 

  • Rape
  • Child molestation
  • Any non-consensual sex act, including intercourse, oral sex, fondling, touching another’s genitals, and groping
  • Sexual coercion 

As noted above, there are a number of other categories and sub-categories that could qualify as well, so if you are not sure whether an action that resulted in sexual trauma for you or a loved one might qualify, you are encouraged to set up a free consultation with New York personal injury lawyer Michael J. McConnell where he will compassionately listen and answer any questions that you might have.  

Common Types of Sexual Abuse and Sexual Assault Cases in New York

Sexual abuse and sexual assault can unfortunately occur to anyone, anywhere, and at any time. Disturbingly, however, there is often a cruel power dynamic present in these cases where the abusers and perpetrators of these heinous acts have either some form of control over their victims or otherwise hold positions of power, prestige, and sometimes even fame. This imbalance of power can often be a major reason why survivors of sexual trauma are hesitant to pursue legal action against their abusers who all too often use things like emotional manipulation, threats, and intimidation to avoid being held accountable. 

Examples of sexual abuse and sexual assault cases where this imbalance can be found include:

  • Priests, pastors, rabbis, and other clergy members who sexually abuse children.
  • Teachers and school staff members who sexually abuse children. 
  • Nursing home employees and home health aides who sexually abuse elderly victims.
  • Youth sports coaches who sexually abuse children. 
  • Doctors and other medical professionals who sexually abuse patients. 
  • Politicians who sexually abuse staff members. 
  • CEOs and bosses who sexually abuse employees. 
  • Personal trainers who sexually abuse clients. 
  • Professional athletes and college athletes who commit sexual assault.
  • Famous people – like movie stars, musicians, producers, and entertainers – who commit sexual assault. 
  • College professors who sexually abuse students. 
  • Daycare center staff members who sexually abuse children. 
  • Corrections officers who sexually assault inmates.
  • Homeless shelter staff members who sexually assault residents. 
  • Camp counselors who sexually abuse children. 

Those examples are just some of the most common situations where an imbalance of power is present, but there are countless others as well. 

In many of these sexual abuse cases there is a larger institution that might also share responsibility for the predatory behavior. These large institutions – such as schools, churches, companies, and government entities – sometimes either knew or should have known about their employee’s predatory actions yet failed to take appropriate action to stop the abuse. There have been countless major news stories over the years that have shown how major institutions have either ignored warning signs of sexual abuse or even worse completely covered them up. In such cases, it may be possible to hold both the abuser and their institution liable for the damages they caused.  

The Difference Between a Civil Lawsuit Versus a Criminal Prosecution

Perpetrators of sexual abuse and sexual assault can be held responsible through a civil lawsuit, a criminal prosecution, or both. It is important, however, to understand the differences between a civil lawsuit and a criminal prosecution. 

A criminal prosecution is primarily focused on punishing the perpetrator for the crime they committed. The type of punishment pursued for sex crimes will likely either be jail time or probation, but sometimes the perpetrator can be required to make some form of restitution or attend a treatment program ordered by the court. 

In a criminal prosecution, the lawyer pursuing the case will be a prosecutor who is employed by the government. Although the prosecutor will be attempting to punish the perpetrator for the crime they committed against the victim, the prosecutor represents society at large rather than just the victim, which means that the victim is not really going to have much of a say when it comes to major case decisions since it is the prosecutor that must make the key decisions – including whether to pursue or drop the case, whether to seek jail time or not, and various other things. 

The victim’s lack of decision-making authority in a criminal prosecution can often be discouraging, especially in cases where a prosector might decide to “drop the charges” or offer a seemingly lenient “plea deal” to a perpetrator who caused severe sexual trauma to the victim. In some cases, the prosecutor might tell the victim there “was not enough evidence” to either “press charges” or “take the case to trial.” Prosecutors are required to prove a criminal case “beyond a reasonable doubt” which is a much higher standard of proof than a civil case, so sometimes they might be hesitant or even completely unwilling to take on a case that they personally and subjectively feel they are not guaranteed to win.  

Yet for a survivor of sexual trauma, hearing from a criminal prosecutor that their case “doesn’t have enough evidence” can be absolutely devastating since it leads the individual to think that they have absolutely no remedy to get justice. This is far from the truth as the survivor of sexual trauma can actually get their own lawyer to pursue a civil lawsuit against the perpetrator and anyone else who was responsible for the sexual abuse. 

In a civil lawsuit, the primary purpose is to help the survivor of sexual trauma get full justice in the form of financial compensation. The lawyer pursuing the case will be representing only the interests of the survivor, which is different than the criminal prosecutor who represents society at large. This means that the survivor of sexual trauma has greater agency and control over the major decisions in their civil lawsuit case.  

Some of the major decisions that a survivor has the power to make in a civil lawsuit include: 

  • whether to bring a lawsuit in the first place
  • whether to settle for an agreeable amount of compensation out of court
  • or whether to take the case all the way to a jury trial

The sense of agency that comes along with having control over these decisions as well as others can give survivors a real voice and feel empowering. Additionally, at the conclusion of the civil case the survivor of sexual trauma can receive financial compensation, which sometimes is more helpful from a practical perspective in allowing them to move forward than merely just knowing their abuser received jail time on a criminal case. After all, the compensation can be used for various things like professional counseling and therapy services that may be essential to their recovery from the psychological effects of the sexual trauma. 

As you can see, there are major differences between a civil lawsuit and a criminal prosecution, but remember that it doesn’t have to be one or the other. There are certain situations where there is a civil lawsuit and a criminal prosecution for the same conduct, but there are other situations where there may only be a civil lawsuit without a criminal prosecution or vice versa. 

A major aspect of any case involving sexual abuse or sexual assault – whether civil or criminal – is the pursuit of justice and a sense of closure. Depending on the case, there are features of both a civil lawsuit and a criminal prosecution that might help bring about justice and closure, so knowing your options is important. In fact, Michael J. McConnell is a former NYC prosecutor himself and would therefore strongly encourage you to reach out for a free consultation if you have any questions about the interplay or differences between a criminal prosecution and a civil lawsuit for your case. 

Conclusion

If you or a loved one has been sexually abused or sexually assaulted, the Law Office of Michael J. McConnell wants to know that we stand with you and are here for you. If you would like to learn more about what your legal options are, please contact the Law Office of Michael J. McConnell for a completely confidential and completely free consultation. 

The Law Office of Michael J. McConnell serves the following areas:

  • Westchester County
  • NYC (Bronx, Manhattan, Queens, Brooklyn, Staten Island)
  • Rockland County
  • Long Island (Nassau County & Suffolk County)