Sexual abuse or sexual assault occurs when sexual activity is carried out upon a victim against the victim’s will, as well as in situations where the victim is unable to properly consent to sexual activity. These reasons may include, but are not limited to, the victim’s age, physical or mental limitations, or the victim’s relationship to the offender. Unfortunately, sexual abuse cases of minors can involve perpetrators who abuse their positions of power and trust such as relatives, teachers, friends, priests/pastors, foster parents, police officers, etc. In addition to potentially bringing criminal charges, victims of sexual abuse may also bring a civil lawsuit against the perpetrator or a negligent third party who may be responsible for the abuse and its effects.
Sexual abuse can take several forms, all of which are serious violations of the law. Common types include:
Contact Sexual Abuse: Involves any unwanted or forced physical contact of a sexual nature. This includes, but is not limited to, unwanted touching, fondling, groping, sexual assault, and rape.
Non-Contact Sexual Abuse: Occurs without physical contact. Examples include indecent exposure, sexual harassment, voyeurism, forcing someone to view sexual acts or materials, or engaging in sexually explicit communication without consent.
Sexual Exploitation: Involves taking advantage of an individual for sexual purposes, often for financial benefit, power, or control. This may include coercion, manipulation, or grooming, particularly of minors or vulnerable individuals.
Grooming: A deliberate process by which an offender builds trust with a victim—often a child or vulnerable person—with the intent of committing sexual abuse.
All forms of sexual abuse are criminal offenses. Victims are never at fault and have the right to seek protection and justice under the law.
Sexual abuse committed by a doctor is a profound violation of medical ethics, legal duty, and patient trust. Medical professionals hold a unique position of authority and are expected to provide care in a safe, respectful, and ethical environment. When a doctor abuses this position to commit sexual misconduct, it represents a serious breach of both legal and professional standards. This violation becomes even more egregious when the abuse occurs while the patient is sedated, anesthetized, or otherwise incapacitated. In such cases, the patient is completely vulnerable, unable to give consent, resist, or even be aware of the abuse as it happens. This level of exploitation is particularly heinous because it targets individuals at their most defenseless, compounding the physical, emotional, and psychological harm. The law recognizes the gravity of these offenses and holds perpetrators fully accountable for the abuse of such trust and power.
Examples of potentially responsible third parties include:
In the United States, at least 20% of women and approximately 5-10% of men are sexually abused as children. This can be psychologically devastating to a child, and the costs associated with health and psychological care over the span of one’s life can be astounding. Under the Social Services Law and Family Court Act in New York, certain individuals such as doctors, dentists, psychologists, nurses, teachers, school officials, police officers, social workers, and day care workers are considered mandated reporters who are required under those laws to report suspected incidences of child abuse or maltreatment. If the mandated reporter fails to report the child abuse or maltreatment as prescribed by law, he or she can be convicted of a misdemeanor crime and can also be held civilly responsible for the damages caused by the failure to report sexual abuse.
Cases involving sexual abuse are extremely sensitive and require the expertise of an attorney who is both compassionate and experienced in working with sexual abuse victims. Our Albany personal injury attorneys of Dreyer Boyajian LLP are committed to helping victims of sexual abuse. We have access to preeminent experts in this field, and work closely with them to protect the rights of sexual abuse victims. Our trusted legal team will do everything in our power to ensure you don’t face this difficult time alone.
Get your free and confidential consultation with one of our sexual abuse lawyers.
