Compassionate Legal Representation for Child Victims of Sexual Abuse and Sexual Assault in Westchester
Children who have been sexually abused by adults entrusted with their care have been through trauma that will often have lifelong repercussions. They may experience post-traumatic stress, suicidal thoughts, a lack of self-esteem, and various other difficulties that make it far more difficult to navigate the challenges of life.
These children who have had the joy and innocence of childhood wrongfully taken from them by a sexual predator deserve compensation. The abuser and anyone else who covered it up, failed to prevent it, or in any other way aided it must also be held fully accountable under the law.
Michael J. McConnell is a Westchester County personal injury lawyer and former Manhattan prosecutor who is dedicated to providing compassionate legal representation to child victims of sexual abuse through a trauma-informed approach. The individual needs of the client will always take top priority as Michael J. McConnell carries out his mission to hold sexual predators accountable by pursuing justice in the form of financial compensation.
If your child has been a victim of sexual abuse in Westchester County, please contact the Law Office of Michael J. McConnell for a free and confidential case evaluation.
Call (914) 810-0510 or submit an online request here: Free Consultation for Child Victims of Sexual Abuse in Westchester.
Examples of Sexual Abuse of Children
There are countless ways that a child can be sexually abused, but the list below is representative of some of the most common examples.
- Rape
- Child molestation
- Sexual contact with a minor
- Grooming
- Touching intimate parts
- Groping
- Coercion
- Sex trafficking
This list is not exhaustive, so if you are unsure whether your child may have been sexually abused, you are encouraged to immediately speak with law enforcement about the conduct in question. You may also want to consider contacting a Westchester County lawyer for survivors of sexual abuse for a free consultation to further explore your legal options.
Child Sexual Abuse Cases in Westchester
Sexual abuse of children can occur anywhere, including:
- Schools
- Daycares
- Places of worship and religious institutions
- Sports organizations
- Sleepovers
- Doctor’s offices
- Summer camps
- Boy Scouts and Girl Scouts
In the vast majority of childhood sexual assault cases, the predator is known by the victim – perhaps even as someone who was entrusted with their care like a teacher, pastor, coach, caregiver, friend, or even family member.
This is why it is common to see examples in the news almost daily about children being sexually abused, sexually assaulted, or groomed by people in a position of trust or authority. The common theme running through these cases is a person gaining the trust of a child and their parents and then taking advantage of it by sexually abusing the child.
Criminal Charges Are Different Than a Civil Lawsuit for Child Sexual Abuse
When an adult sexually abuses a child, they can and should be held responsible through criminal punishment. This is typically done by the abuser being arrested and prosecuted.
While punishment like prison time is important for predators who sexually abuse children, the criminal justice system does not typically have the ability to fully compensate victims.
By bringing a civil lawsuit, a child who has survived sexual trauma can seek compensation for the harm they have suffered, which can include physical, emotional, and psychological injury.
Victims of crime in Westchester can pursue a lawsuit in addition to a criminal prosecution. In fact, even if there is no criminal prosecution, a survivor of sexual abuse can still bring a civil lawsuit.
This is because the purpose of a criminal prosecution is different than a civil lawsuit. The purpose of a criminal prosecution is to punish – typically with jail or prison time. The purpose of a civil lawsuit is compensation in the form of money.
Suing for Sexual Abuse of a Child: Important Considerations in Determining Liability
The abuser can be sued for their intentional misconduct, but it is also advisable to consider who else might be legally responsible.
For example, if a teacher sexually abuses a student, it may be possible to hold the school accountable depending on the facts of the case.
In particular, if the school covered up the abuse, failed to vet the teacher through a proper background check, negatively supervised the teacher, or unreasonably ignored warning signs of sexual misconduct, it might be possible to sue the school as well.
The same concept can be applied to countless other situations depending on the unique facts of any given case, including the following:
- Churches be held liable for sexual abuse by a priest, pastor, or other church employee.
- Medical facilities or hospitals can be liable for sexual assault by a doctor.
- Sports organizations or training facilities can be held liable for sexual abuse by a coach or trainer.
- Summer camps can be liable for sexual abuse by a camp counselor.
Protecting children from sexual abuse demands that larger institutions do their part to prevent it from occurring, which is why they must be held fully accountable when their negligence or intentional misconduct is responsible for the life-altering trauma endured by an innocent child.
How much does it cost to take someone to court for sexual assault of a child in Westchester?
Hiring a personal injury lawyer to sue for sexual assault or sexual abuse of a child will typically cost nothing up front and the lawyer will only get paid if they win the lawsuit.
This is because personal injury lawyers get paid on a contingency fee basis. They will only get paid a fee if you get compensated from a settlement or verdict. Generally, the attorney’s fee will be one-third of the overall compensation.
It is therefore possible for a family to hire an injury lawyer of their choice who they decide is their best option without having to worry about cost or figuring out how to come up with the funds. This allows everyone to access justice and seek compensation regardless of their individual financial situation.
How a Lawyer Can Seek Justice and Compensation for Child Victims of Sex Crimes
While bringing legal action for sexual trauma can feel intimidating, the Law Office of Michael J. McConnell is committed to doing everything possible to provide survivors with compassionate legal representation that prioritizes their safety and wellbeing while empowering them to have their voice heard.
Here are some steps an attorney can take to pursue the maximum recovery possible under the law and facts of a case:
- Free and confidential case review. An attorney will listen and allow the victim to speak without pressure or judgment. If a case can be brought, the victim or their family will have full autonomy to make that decision.
- Thorough and proactive investigation. Using the skills he learned as a criminal prosecutor, Michael J. McConnell will immediately begin working on the case by obtaining key evidence, locating important witnesses, and using all appropriate resources to build the strongest case possible.
- Filing a lawsuit. It is critical to file the lawsuit within the statute of limitations following a diligent investigation. In some cases, it may be possible to reach a settlement prior to filing a lawsuit, but unfortunately many abusers and larger institutions responsible for the abuse might refuse to settle for a fair amount, at which point a lawsuit needs to be filed to seek compensation.
- Pursuing full justice in the form of financial compensation. An attorney can obtain discovery and depose witnesses, including the abuser, in an effort to position the case to obtain the maximum amount of recovery possible under the circumstances.
- Negotiating a settlement or taking the case to trial. After discovery is completed, it might be possible to reach a settlement agreement rather than going to trial. Some survivors might prefer to settle rather than go to trial, but others might really want to have their day in court where there will be a public reckoning for what the abuser did. The Law Office of Michael J. McConnell will always advocate just as strongly in either scenario and will seek justice consistent with the client’s wishes.
The Benefits of a Civil Lawsuit for Survivors of Youth Sexual Exploitation
There are several potential benefits to a lawsuit, including:
- Compensation for physical, emotional, and psychological harm in addition to potentially covering past, present, and future expenses for things like therapy or counseling.
- Accountability of the offender by bringing a lawsuit requiring them to answer for their heinous conduct and requiring them to either admit responsibility or risk being found liable by a jury after a public trial.
- Control and autonomy over the process since the decision of whether to file a lawsuit, agree to a settlement, or go to trial is always the client’s ultimate decision.
- Empowerment through giving survivors a voice and allowing them to seek justice on their terms.
- Protecting society and other potential victims. In many cases, a survivor may draw strength from knowing that their courage to hold an abuser accountable might create lasting change and protect someone else from life-changing trauma.
Bringing a lawsuit – especially for sensitive cases involving children – is always a decision that takes a tremendous amount of strength and bravery.
What you should know is that Michael J. McConnell is an attorney who is here for you when you feel unsure or have questions about how you want to proceed. He will meet you where you are with unconditional patience and compassion to help you decide the right move for you.
Resources of Survivors Beyond the Civil Justice System
The Law Office of Michael J. McConnell recognizes that survivors of childhood sexual abuse need important support beyond compassionate legal representation. Our office can collaborate with therapists and non-profit organizations to help ensure clients and their families get the proper support that they need.
Schedule a free consultation with a dedicated and compassionate attorney today if your child was a victim of sexual abuse in Westchester.
Call (914) 810-0510, email info@mcconnellinjurylaw.com, or send us a message here.
The Law Office of Michael J. McConnell serves all areas of Westchester County, including:
- Yonkers
- White Plains
- Mount Vernon
- New Rochelle
- Tarrytown
- Mamaroneck
- Harrison
- Rye
- Port Chester
- Ardsley
- Mount Pleasant
- Eastchester
- Ossining
- Yorktown
- Greenburgh
- Scarsdale
Free consultations are available in person, by phone, or by video. They can be done on weekends or nights in addition to regular business hours.