New York City Sexual Assault Lawyers
Victim of sexual assault in New York? Frekhtman & Associates fights for maximum compensation and accountability for survivors of abuse and assault across NYC.
Based on 300+ reviews
Why Hire Our New York City Sexual Assault Lawyer?
Nearly $1 Billion Won
We’ve recovered almost $1 billion for injured clients across documented cases
Largest MVA Recovery
We recovered $69.25M, the largest single motor vehicle accident settlement
Media Recognition
We’ve been featured in national and local outlets including the New York Post, Daily Mail, and CBS New York
No Fee Unless We Win
A sexual assault lawsuit lets a survivor hold the attacker accountable in civil court. It can also reach the landlord, employer, school, or institution whose negligence made the assault possible.
For rape and several other serious offenses, New York gives adult survivors 20 years to file. Survivors who were under 18 can sue until age 55. Our attorneys, led by founding partner Arkady Frekhtman, can tell you in a free, confidential consultation which deadline applies to you.
You don’t need a criminal charge or conviction to sue. In many cases we can also ask the court to let you file under a pseudonym, such as Jane Doe.
If you were just assaulted
If you are in danger, call 911. You can get a free forensic exam at a hospital emergency department, even if you haven't decided whether to report. The RAINN National Sexual Assault Hotline is open at any hour at 1-800-656-4673.
How long do you have to file a sexual assault lawsuit in New York?
The deadline depends on the offense and on your age when it happened. A missed deadline usually ends the claim, so check it early.
Rape and other listed offenses: 20 years under CPLR 213-c
CPLR section 213-c gives survivors 20 years to sue for rape, incest, aggravated sexual abuse in the first degree, and several other listed offenses. The claim can name the attacker and anyone whose intentional or negligent conduct led to the assault.
Other sexual offenses
Some offenses fall outside that list, such as forcible touching and sexual abuse in the third degree. Those claims follow shorter general deadlines, which can be as short as one year. A criminal conviction can extend the time to sue.
Assault before age 18
A survivor who was under 18 can sue until age 55 under CPLR section 208(b). Our New York child abuse lawyer page explains how that rule works.
Windows that have closed
The Adult Survivors Act gave adult survivors a one-year window to file claims that had already expired. It ran from November 24, 2022, to November 24, 2023, and is now closed. The Child Victims Act window for childhood claims closed on August 14, 2021.
Claims against a public landlord or agency
If the assault happened in public housing or another public property, the claim may require a written notice of claim within 90 days. That deadline is far shorter than the time to sue.
New York City Gender-Motivated Violence Act
In New York City, a local law may give survivors a separate claim when the assault was motivated by gender.
How does New York law define sexual assault?
New York’s sex offenses are set out in article 130 of the Penal Law. A civil claim doesn’t require a conviction, but these definitions decide which deadline applies.
Rape
Since September 1, 2024, rape covers nonconsensual vaginal, oral, or anal sexual contact. Before that date, the law treated oral and anal contact as a separate crime called criminal sexual act. Assaults committed before September 1, 2024, fall under the older definitions.
Rape has three degrees. First degree involves forcible compulsion, a victim who is physically helpless, or a young child. The lower degrees cover victims who can’t consent because of age, disability, or incapacity, and contact without consent.
Age of consent
In New York, a person under 17 can’t legally consent. An adult 21 or older who has vaginal, oral, or anal contact with someone under 17 commits third-degree rape. An adult 18 or older with someone under 15 commits second-degree rape.
Sexual abuse and forcible touching
Sexual abuse covers touching a person’s intimate parts without consent, in three degrees. Forcible touching covers intentionally touching intimate parts to degrade or abuse a person, or for sexual gratification.
Aggravated sexual abuse
Aggravated sexual abuse involves inserting a finger or a foreign object without consent. The degree depends on force, injury, incapacity, and the victim’s age.
Impact of Sexual Abuse
Other effects of sexual abuse include-
Effects of sexual abuse
- STDs
- Unwanted pregnancies
- Post traumatic stress disorder
- Depression
- Anxiety
- Injuries from force used for carrying out the assault
- Abrasions
In sexual abuse cases, you can seek compensation for:
- Medical bills for ongoing and future treatment
- Physical pain and suffering
- Costs for terminating the pregnancy
- Emotional distress
- Expenses for psychological and psychiatric treatment
- Costs of pregnancy, childbirth and pregnancy
Who can be held responsible for a sexual assault?
The attacker is always a defendant. Many cases also name a property owner, employer, or institution whose negligence allowed the assault.
Building owners and landlords
Owners must take minimal precautions against criminal acts they can reasonably foresee (Jacqueline S. v City of New York, 1993). Broken locks, missing buzzers, and ignored complaints about intruders can show an owner fell short.
The survivor must also show the attacker was likely an intruder rather than a resident or invited guest (Burgos v Aqueduct Realty, 1998). Security camera footage, entry logs, and tenant complaints often decide that question.
Employers, schools, and care facilities
Many assaults are committed by someone the survivor knew or trusted. That person may be a doctor, nurse, home attendant, nursing home worker, teacher, coach, clergy member, or supervisor.
An employer or institution can be liable for negligent hiring, retention, or supervision when it knew or should have known of the danger. Schools also owe students adequate supervision. Workplace conduct that falls short of assault is covered on our sexual harassment lawyer page.
Do you need to press criminal charges first?
No. CPLR 213-c states that a civil claim doesn’t require a criminal charge or conviction. The two cases run separately, and the civil case uses a lower standard of proof.
Criminal deadlines are separate from civil ones. There is no time limit to prosecute first-degree rape. For second-degree rape the limit is 20 years, and for third-degree rape it is 10 years.
If a criminal case is open, we stay in contact with prosecutors so the two cases don’t work against each other.
What compensation can a survivor recover?
Sexual assault causes harm that can last for years. Survivors often face physical injuries, sexually transmitted infections, pregnancy, post-traumatic stress disorder, depression, and anxiety.
A civil claim can seek compensation for:
- Medical bills for current and future treatment
- Therapy, psychological, and psychiatric care
- Costs of pregnancy, childbirth, or ending a pregnancy
- Lost wages and lost earning ability
- Physical pain and suffering, and emotional distress
About the attorney
Arkady Frekhtman founded Frekhtman & Associates in Brooklyn in 1999. He is admitted to practice in New York (Bar Registration No. 2931723) and earned his J.D. at the University of Texas School of Law. He holds a 9.8 Avvo rating and is a member of The National Trial Lawyers Top 100.
Talk to a New York City sexual assault lawyer
If you were sexually assaulted in New York, talk to an attorney before any deadline runs. The consultation is free and confidential, and you pay no fee unless we recover compensation for you.
Call 24/7, toll-free: (866) 288-9529
Brooklyn: (718) 331-7700
Bronx: (718) 733-9300
Queens: (718) 331-3330
Or request a free consultation online.
Offices in Brooklyn (Bath Beach and Bedford-Stuyvesant), the Bronx, Forest Hills in Queens, Midtown Manhattan, and the Financial District.
Russian-speaking attorneys and staff are available.
Prior results do not guarantee a similar outcome. Every case is unique and the value of any claim depends on its specific facts.
The Right Representation Near You
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. We have our office located all over New York City, so you don’t have to worry about office visits. You can find and visit one of our offices near you.