The page explains how a New York sexual abuse lawsuit works. Our lawyers examine how New York law defines sexual abuse and assault and when victims of sexual abuse can file civil lawsuits and get compensation. We will also analyze the potential settlement value of sex abuse lawsuits in New York.
What Is “Sex Abuse” In New York?
In New York, sexual assault or sexual abuse is defined as sexual touching or contact without the other person’s consent and for the purpose of sexual gratification. In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery. Under this definition, a wide range of acts (from groping a breast to violent rape) meets the definition of sex abuse.
There are two key elements that must be present to meet the definition of sexual abuse in New York. First, the contact or touching must be intentionally done for the purpose of sexual gratification. Grabbing a woman’s breast in a crowded elevator or catching her from falling is not sexual abuse because there is no sexual intent behind the contact.
The second essential element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without mutual consent. Under New York law, minors under the age of 18 cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.
So even if a 16-year-old fully consents and enthusiastically participates in sexual activities with a 25-year-old, those activities meet the definition of sexual abuse because that 16-year-old lacks the legal capacity to give that consent.
When Can Victims of Abuse File Lawsuits?
In New York, sexual abuse or assault is both a crime and a civil wrong or “tort” (the tort version is sometimes referred to as “sexual battery”). This means sexual abuse victims can pursue criminal charges and/or file a civil lawsuit to seek financial compensation. Any individual who has suffered from sexual abuse or assault has the right to pursue either or both options, although prosecuting the criminal charges is not necessarily within their control.
Victims of sexual abuse can pursue a civil lawsuit regardless of whether the individual who committed the abuse was ever criminally charged or convicted. In fact, victims can bring a civil lawsuit even if they never reported the abuse to the police and even if they never told anyone about it.
The burden of proof required to establish sexual battery in a civil case is notably lighter compared to that in a criminal trial. This means that it is much easier for a plaintiff in a civil lawsuit to demonstrate the occurrence of sexual abuse or assault. So even if an offender evades criminal prosecution, they can still be held liable in a civil court of law.
Getting Money from Third Parties in Sex Abuse Lawsuits
Anyone who has been sexually abused or assaulted has the right to file a civil lawsuit and seek compensation. Victims can file civil lawsuits for sexual abuse even if they did not press criminal charges and even if they never told anyone about the abuse.
So who can sex abuse victims sue in a civil lawsuit? Victims of abuse can always file suit against the individual who abused or assaulted them. The problem with doing that, however, is that even if you win the lawsuit you probably won’t be able to get any money out of the abuser. In many cases, the abuser might already be dead or in jail.
The real goal in a sexual abuse civil lawsuit is going after a third party who can be held liable for the abuse. Third parties can be held liable in a civil sex abuse lawsuit if you can show that they were negligent and that this negligence allowed the abuse to happen. For example, if you were abused by a teacher at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Common examples of third parties who can be liable in sexual abuse civil lawsuits include schools, churches, and organizations such as the Boy Scouts, etc.
Here is a very common example of how going after third party defendants works in sex abuse lawsuits. Late’s say Jane was sexually abused by her public school teacher Mr. Smith. Jane never told anyone about the abuse, but the school had previously received several complaints about Mr. Smith’s inappropriate conduct and they never bothered to investigate. Jane can file a sex abuse lawsuit against the school for negligence.
Residential Treatment Facility Sex Abuse Lawsuits
Our sexual abuse lawyers are increasingly focused on cases involving residential treatment facilities in New York, where allegations of abuse and neglect are coming to light. As these cases gain traction, facilities operated by companies such as Universal Health Services (UHS), Acadia Healthcare, and other major behavioral health organizations are under scrutiny. These corporations run numerous treatment centers across New York, many of which serve vulnerable children and adolescents in need of mental and behavioral health support.
In these lawsuits, plaintiffs’ attorneys convincingly argue that these organizations accepted substantial taxpayer funding—often through Medicaid and child welfare programs—yet failed to uphold the safety standards necessary to protect those in their care. Congress has told us that many of these facilities prioritize financial gain over patient safety, creating environments where physical and sexual abuse occur unchecked.
New York Statute of Limitations for Sex Abuse Lawsuits
A statute of limitations is a legal deadline for filing a lawsuit. If you don’t file your case before the statute of limitation (SOL) deadline expires, you will lose your right to file. The statute of limitations applicable in sex abuse lawsuits varies widely from state-to-state. Recently, many states have enacted new laws expanding or eliminating their SOL deadline in child sex abuse cases.
New York is one of the many states that has passed new laws making it much easier for victims of child sexual abuse (and adult sex abuse) to file civil lawsuits. For cases involving child sex abuse (when the victim was under 18 years old) the victim has until their 55th birthday to file a civil lawsuit.
Settlement Payouts in New York Sex Abuse Lawsuits
The settlement amounts in sex abuse lawsuits hinge on the defendant’s financial resources and whether they have the resources or insurance coverage to pay a settlement or verdict.
The sad reality is that even strong claims can result in little to no financial recovery if the defendant lacks the means to pay a judgment or settlement. Cases involving deep-pocket defendants, such as large institutions, school districts, religious organizations, or healthcare providers, offer the best chance for settlement compensation because they have substantial assets or insurance policies to cover liability. Without a solvent defendant or sufficient insurance coverage, the likelihood of obtaining a meaningful recovery is much lower, and plaintiffs may face the risk of receiving nothing even if they win a judgment.
Once you get past that sometimes high hurdle, the nature and extent of the victim’s harm is the critical factor in determining settlement amounts. Settlements are typically higher in cases where the abuse has led to severe physical and emotional trauma with long-term impacts on the victim’s life. Factors like medical expenses, psychological therapy costs, lost wages, and pain and suffering are weighed to determine the extent of compensatory damages. Compensation tends to be higher for younger victims than older victims.
Finally, the strength of the evidence plays a crucial role in calculating settlement values. Strong evidence, such as documentation, credible witness testimony, prior complaints, or a pattern of abuse allegations, significantly increases the likelihood of a higher settlement payout.
Verdicts and Settlements in New York Sex Abuse Lawsuits
$25,000,000 Verdict (New York 2025): The plaintiff sued her brother alleging that he sexually abused her for a period of 7 years when they were children. The abuse occurred back in the 1970s and the plaintiff was able to bring the case under a new NY law that created a look-back window to file previously expired claims. The brother failed to appear to defend the case and a verdict of $25 million was entered, which included $5 million in punitive damages.
$1,600,000 Settlement (New York 2024): The plaintiff was a former inmate at Rikers Island who alleged that he was sexually abused by a physical therapist who worked at the clinic in the jail. He claimed that he was forced to perform oral sex on the therapist after he was threatened. The physical therapist was eventually convicted on criminal charges and the City of New York agreed to settle the civil case.
$150,000,000 Verdict (New York 2024): The plaintiff claimed that her former high school teacher sexually abused her when she was a 15-year-old student. She claimed that the sexual abuse caused long term emotional damage. The defendant disputed the allegations and claimed that he had a consensual relationship with the plaintiff that began after she turned 18. The verdict included $50 million in punitive damages.
$95,000,000 Verdict (New York 2023): The plaintiff alleged that when he was only 15 years old he was sexually abused by a catholic priest. The abuse took place in the priest’s vehicle in 1979. The plaintiff had no connection to the church and the priest simply offered to give him a ride home.
$10,000,000 Verdict (New York 2022): The plaintiff worked as a promoter in the entertainment industry. She alleged that the defendant, a famous and award-winning writer, director and producer, sexually abused her. She claimed that the defendant lured her back to his house after a movie premier and raped her.
$17,500,000 Settlements (New York 2020): $17.5 million in settlement compensation was paid to a group of victims that included over 100 individuals all of whom alleged that they were sexually abused by clergy within the Diocese of Buffalo. The settlement payouts to victims ranged from $20,000 to $650,000.
Contact Us About New York Sex Abuse Lawsuits
If you were the victim of sexual abuse in New York, call our national sex abuse lawyers today at 888-322-3010 or contact us online.