Scales of Justics and Law Book

What Constitutes Sexual Assault?

Sexual assault is defined as a type of sexual behavior that occurs without the victim’s consent. While it is commonly used synonymously with rape, it could include other forms of contact, such as fondling parts of the body.

It may also include forcing the victim to perform sexual acts such as touching the perpetrator’s body in a sexual manner. Force is defined as emotional coercion or manipulation. Force does not have to be physical for the incident to be considered sexual assault.

How Does Sexual Assault Occur?

Most instances of sexual assault occur among parties who know each other. Many sexual assaults are committed by acquaintances and intimate partners. The perpetrator may be a romantic partner, friend, date, neighbor, classmate, or family member of a friend.

In some cases, sexual assault occurs among strangers. It tends to happen in situations in which inadequate security is an issue. For example, a person may stalk their victims at apartment complexes with inadequate lighting and minimal security. It could happen in a parking lot late at night. This is a type of stranger rape known as blitz sexual assault. The perpetrator and victim do not know each other, and the perpetrator acts quickly.

Other types of sexual assault include contact sexual assault. Contact sexual assault occurs when the perpetrator attempts contact with the victim first before engaging in the assault. This may include flirting with the victim, talking with the victim, or otherwise coercing the victim to go into a car, building, or other location where the sexual assault will occur.

Are There Statute of Limitations on Sexual Assault?

In New York, the statute of limitations on as little as a year. This means that the victim has maybe 1 year from the date of the assault to file a legal claim. You must contact an attorney as soon as you can after the event to ensure the right legal steps are taken towards earning compensation.

Liability Issues

In most cases, the person who commits sexual assault is the one who will be held liable for the crime. However, there are cases in which a landlord or property owner may also be held responsible. This may happen when a landlord did not provide adequate security for an apartment building, allowing a rape to occur. A nightclub or bar could also be held responsible. If there is a lack of lighting or no security guards present, then the club could be sued if an assault occurs on the premises.

Get Legal Help from a Brooklyn Sexual Assault Attorney

Sexual assault is a personal and sensitive matter and should be dealt with professionally and with the victim’s well-being as the highest priority. The Law Office of Jeffrey K. Kestenbaum will assess your case and help you seek justice with the utmost attention to your privacy and sensitivity. Schedule a consultation by calling our Brooklyn office at (718) 237-5586.


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