Sexual assaults are prevalent on college campuses and can result in lifelong trauma. In particular, survivors of sexual assault may suffer from PTSD, depression, anxiety, and other serious conditions that can have a forever impact on one’s life.
If you have been sexually assaulted on campus in New Yok City, it is important for you to know that you are not at all alone. It has been estimated that over 25% of female undergraduate students and almost 7% of male undergraduate students have been raped or sexually assaulted through physical force, violence, or incapacitation.
It is also understood that instances of sexual assault at universities often go unreported, which means the number of people who have experienced sexual trauma while attending school may be far greater than most realize.
Resources Available for Survivors of Sexual Assault at College in NYC
If you or a loved one has been sexually assaulted while attending college in New York City, there are resources available than can assist in navigating this incredibly challenging time.
There are a number of organizations and mental health providers in New York City that are dedicated to helping survivors of sexual assault.
Additionally, it is possible to hold the perpetrator of the sexual assault accountable through both the criminal justice system as well as the civil justice system. In some cases, a third party – such as a college or university – can be civilly liable as well if their action or lack of action contributed to the sexual assault.
If you or a loved one was sexually assaulted while attending college in NYC, contact the Law Office of Michael J. McConnell for a free and confidential consultation to learn more about your legal options.
Michael J. McConnell is a plaintiff’s personal injury lawyer serving New York City. He is a former prosecutor with the Manhattan District Attorney’s Office and understands the importance of seeking justice and empowering victims. He is a compassionate attorney dedicated to taking an empathetic and nonjudgmental approach to all cases, including those involving survivors of sexual abuse and sexual assault.
If you are interested in finding out whether you might be eligible for compensation for a sexual assault that occurred at college in NYC, please schedule a free consultation with compassionate attorney Michael J. McConnell today by submitting an online form, emailing info@mcconnellinjurylaw.com, or calling (914) 810-0510.
Criminal Prosecution Versus Civil Lawsuit: What Survivors of Sexual Assault at College Need to Know
In New York, there is a criminal justice system and a civil justice system. They each have very different purposes, though they each seek to hold wrongdoers accountable in their own way.
The criminal justice system is focused on punishing perpetrators, which can include jail or prison time in addition to orders of protection, probation, or other conditions. If someone is arrested for a sexual assault in New York City, the local district attorney will prosecute them. If the perpetrator pleads guilty or is convicted after a trial, they could face prison time or some other form of punishment.
The civil justice system is focused on compensating individuals for their injuries and trauma. This is done by an individual bringing a lawsuit for money damages for the harm they have suffered. In a case of sexual assault on a New York City college campus, it may be possible to sue the perpetrator and any other third parties such as the college itself who were in some way legally responsible for the trauma inflicted.
It is possible to have an ongoing criminal prosecution and a civil lawsuit at the same time. So too is it possible to have a civil lawsuit without a criminal prosecution or vice versa. The key thing for survivors of a campus sexual assault to know is that the existence of one type of case doesn’t preclude them from the other.
For many survivors, a civil lawsuit can often feel more empowering and allow them to have their voice truly heard.
This is because of the autonomy and control a survivor has over a civil case where they have the authority to chose a lawyer, decide whether to bring a case, agree to any settlement, and more.
In a criminal case, the prosecutor is an employee of the government and can make really important decisions about the case without needing authority or agreement from the survivor. One frustration for many survivors of sexual assault is when the perpetrator gets a lenient plea deal or has their case dismissed entirely without consequence.
This can understandably be really disheartening for someone who has endured sexual trauma, but in a civil case there cannot be an agreed upon resolution of the matter like a settlement without the survivor agreeing to it first. This autonomy can be really empowering and is one potential benefit of a civil lawsuit.
Common Examples of Sexual Assault on College Campuses in New York City That You Might Be Able to Sue For
There are countless ways that a sexual assault can occur at college that may allow a survivor the sexual trauma to sue their perpetrator, the college, or both. Here are some typical examples:
- Rape and attempted rape
- Sexual assault while intoxicated or unconscious
- Non-consensual sexual contact
- Coercion, intimidation, blackmail, or quid pro quo (for example, professor pressuring and sexually assaulting a student)
Of course, within these categories and beyond them are a number of other ways that someone can be subjected to sexual trauma on campus. If you have questions about whether something you experienced may qualify, you can contact the Law Office of Michael J. McConnell 24/7 to schedule a free consultation to explore your options.
Who Can You Sue for a Sexual Assault at College?
While the actual perpetrator is always an obvious option to sue for compensation, a survivor may also be able to sue a third party such as the college or university.
The key to suing the college or university is proving that they owed a duty to the student or guest on campus and breached that duty, which then led to the sexual assault.
Here are some helpful examples that illustrate the typical scenarios where the college might be liable for a sexual assault on or even away from its premises:
- Negligent security or supervision. (For example, broken locks on dorm room doors, poor lighting in parking lot, or other security failures.)
- Negligent hiring, supervision, or retention. (For example, ignoring reports about a professor’s prior sexual abuse.)
- Failing to protect students from known predators. (For example, refusing to take appropriate action against a student known to be a sexual predator.)
- Lack of proper training or policies. (For example, the college didn’t properly train its staff and that failure in some way led to a sexual assault.)
- Cover up, deliberate indifference, or willful blindness. (For example, college covered up star athlete’s history of sexual misconduct and silenced his accusers.)
There are countless other serious situations that could make either the university or some other third party (such as security company) liable as well, which is why it can be helpful to seek legal guidance from a compassionate New York City sexual assault lawyer to fully evaluate your best options.
Types of Compensation for College Sexual Assaults in NYC
Survivors who bring a civil lawsuit for a sexual assault that occurred at college may be entitled to the following types of compensation:
- Economic Damages (medical expenses, therapy costs, lost income, etc.)
- Non-Economic Damages (pain & suffering, emotional distress, loss of enjoyment and quality of life, etc.)
- Punitive Damages (only available in limited cases to punish usually a larger institution for really bad behavior and thus deter such behavior from reoccurring in the future)
The amount of money that someone can get through a lawsuit is always dependent on the unique facts of the case, but the above three categories are generally the types of things that someone can get money for.
Important Evidence in a Civil Lawsuit Involving a Campus Rape and Other Related Offenses
Every case is different and some forms of evidence will be more important than others depending on the case, but in general the following things can be critical:
- Medical records.
- Police reports.
- Campus incident reports.
- Photos or video surveillance.
- Witness names and contact information.
- Text messages, phone records, social media, direct messages, etc.
- Internal records from the college such as policies or handbooks, prior complaints, security logs, etc.
Not all of these types of records will be needed for certain cases, so even when several of these things either don’t exist or don’t apply it is important for a survivor to know that they may still be able to bring a lawsuit and get justice in the form of financial compensation.
It is always recommended to consult with a lawyer as early as possible since they can help obtain and preserve key evidence, including things that are at risk of getting automatically deleted or intentionally destroyed.
Contact attorney Michael J. McConnell for a free, confidential, and compassionate discussion about your legal options.