Sexual Assault
What Constitutes Sexual Assault
Sexual assault is a broad term that encompasses a range of non-consensual sexual acts or behaviors. The definition may vary by jurisdiction, but generally, sexual assault involves any unwanted sexual contact or activity that occurs without the explicit and voluntary consent of all parties involved. Here are some key elements and types of sexual assault.Any unwanted and non-consensual touching of a person's intimate body parts, such as breasts, genitals, buttocks, or other erogenous zones.
NY penal code definitions for sexual abuse
Sexual Abuse in the First Degree (Article 130, § 130.65):
Sexual Contact: Any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire.
Sexual Abuse in the First Degree (Article 130, § 130.65):
This offense involves subjects such as sexual conduct with someone incapable of consent, using forcible compulsion, or when the victim is under 11 years old.
The Gender Motivated Violence Act
The Gender Motivated Violence Act (GMVA) provides a civil remedy for victims of gender motivated violence which occurred in any of the five boroughs of New York City. The GMVA allows has a seven year statute of limitations from the date of the “crime of violence.” The law defines a “crime of violence” as “an act or series of acts that would constitute a misdemeanor or felony against the person as defined in state of federal law… if the conduct presents a serious risk of physical injury to another, whether or not those acts have actually resulted in criminal charges. There is currently a two year look back window which will end of February 28, 2025. During the look back window, survivors of violence can bring claims even if the statute of limitations would otherwise have already expired.
The New York Child Victims Act
The New York Child Victims Act (CVA) is a significant piece of legislation that was signed into law on February 14, 2019, and went into effect on August 14, 2019. The law aims to provide justice for survivors of child sexual abuse by extending the statute of limitations for filing lawsuits and allowing survivors to seek redress for past abuses. Here is an overview of the key components of the New York Child Victims Act
The CVA significantly extends the statute of limitations for survivors of child sexual abuse. Previously, survivors had until the age of 23 to file criminal charges and until the age of 21 to file civil lawsuits. The CVA extends the age limit for both criminal and civil cases, allowing survivors to seek justice until the age of 28 for criminal charges and until the age of 55 for civil lawsuits.