Articles Tagged with civil suit

The Law of Zachary Margulis-Ohnuma and Law Offices of Daniel McGuinness filed an Amended Complaint in federal court today detailing harrowing allegations of severe, pervasive, routine, and tolerated sexual abuse by prison guards against six women. According to the allegations in the complaint, women have been raped by guards all over the state — from Lakeview Shock Incarceration Center near Lake Erie, to Taconic Correctional Facility just north of New York City.

Prison rape by male officers is so common, so poorly investigated, and so tolerated, that a culture of sexual abuse exists in the state prisons. The new complaint explains:

From 2015 to 2019, the Department of Corrections and Community Supervision (“DOCCS”) housed approximately 2,500 female inmates, around five percent of the total inmate population, in six facilities throughout the state. These women were guarded by male officers, who routinely engaged in illegal sexual activity with individual victim inmates over long periods of time. Under the New York Penal Law, an inmate can never consent to sexual activity with an officer. See N.Y. Penal Law § 130.05. Nonetheless, DOCCS supervisors cultivated a culture that allowed male staff to prey on female inmates to satisfy their sexual desires. Male staff were barely supervised and left alone with women under their control for long periods of time in unmonitored areas of the prisons. They had a system of warning each other if a supervisor was approaching and created a climate of fear and intimidation against any woman who complained about sexual attention from an officer.

32152929167_ec5898bebd_k-300x214Senate Bill S2440, the New York Child Victims Act, was signed into law by Gov. Andrew M. Cuomo on Thursday. The new law, which has been a goal of victims’ rights advocates for years, extends the statute of limitations for child sex abuse victims to file civil lawsuits, reviving old claims that, until yesterday, were time-barred. It also gives prosecutors more time to bring criminal charges going forward.

Survivors have a year from yesterday to bring civil claims for childhood sexual abuse that were previously barred by a statue of limitations. People who now wish to seek civil damages against their abusers can file a lawsuit, no matter how long ago the conduct occurred, as long as the suit is filed within the next 364 days.

If you were sexually assaulted as a child in New York and might be  interested in seeking damages against the abuser, you should consult an attorney as soon as possible to discuss your options. This second chance to hold your abuser accountable goes away soon. This blog post is not legal advice and only a qualified attorney can advise you about how the new law applies to your particular circumstances.

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