New York Sexual Abuse
Many people have suffered sexual abuse at the hands of someone they trusted and sometimes even cared about. Most of us are familiar with cases of sexual abuse in the Catholic Church due to several media publicized cases of priest sexual abuse, but church sex scandals are just one example of an issue that affects many in New York. New York sexual abuse also occurs at schools, camps, nursing homes, mental health facilities, and other places where circumstances allow. For example, Angel Cabrera, a New York City emergency medical technician was found guilty of sexually abusing an 18-year-old college student in the back of an ambulance on the way to the hospital. Speaking out about sexual abuse is important in two ways: It can stop the abuser from hurting others and it helps bring a sense of closure for the victim. Speaking out can feel intimidating, but you and your loved ones are not alone. Lawyers such as Sam Rogatinsky specialize in helping you find your voice in court.
Sexual Abuse
Unlike clergy abuse, sexual abuse can be perpetrated by anyone and occur anywhere. Common places for sexual abuse to occur are schools, camps, nursing homes, mental health facilities, group homes, and organizations such as the Boy and Girl Scouts of America. Countless children have been sexually abused in New York by those who were entrusted with their care, such as teachers, Boy Scout leaders, camp counselors, and so on. These adults are supposed to protect children, but instead cause them harm, such as Christopher R. Culver, a first grade teacher in Clifton, New York who pled guilty to 49 counts of molestation.
Adults are also sexually abused. At nursing homes and mental health facilities all over New York, social workers and psychologists take advantage of the vulnerable adults that they are supposed to be protecting. Fortunately, the perpetrators can be made to pay for the pain they have caused, but you must seek representation. Sam will help to make sure that everything possible is done to assure that your suffering has not been in vain.
Clergy Abuse
Although the Catholic Church is not the only venue for sexual abuse, it has been the most publicized due to the lack of bishop accountability. When the media picked up on the fact that bishops were just moving sexually abusive priests to another church, news outlets ran with the story. The truth is that clergy abuse includes not only Catholic priests, but rabbis, ministers, reverends, pastors, office staff at places of worship, religious youth directors, and anyone who works for a place of worship, such as Rev. Francis X. Nelson, 39, found guilty of sexual abuse and endangering the welfare of a minor. If you or someone you know has been sexually abused by someone in this category, you now have an avenue of help available to you. You do not have to be a victim anymore. Contact Sam to find out how you can take control of what happened and help make sure it doesn’t happen to others.
New York Sexual Abuse and Clergy Abuse Statute of Limitations
In the state of New York, there is delayed tolling for sexual offenses against minors. The statute varies depending on the type of offense. For example, it would be five years for certain first degree sex offenses and three years for others. Tolling is delayed with minors until the age of 18. The statute is also extended to 7 years from the date of the crime or 10 years from the conviction itself depending on the offense and also considering if the same defendant has been convicted of a criminal offense. On the other hand, a civil claim may be brought within five years after the conclusion of a criminal action.
In the state of New York, there is currently no Discovery Rule : The case law is clear that the Statute of Limitations must run from the time of the act until the Legislature decrees otherwise.
Also, although there is a current bill proposed by Assembly Woman Markey, there is no retroactivity and there is no window period for New York Survivors at this time. This means that older cases cannot be filed due to the expiration of the statute of limitations.
If you were sexually abused by a priest, rabbi, coach, psychologist or any other person who sexually abused you, please don’t feel ashamed. We want to help you.
Contact me, sexual abuse lawyer Samuel Rogatinsky at (954) 995-3805 or send an email to samr@sexabuseattorney.org