Criminal law and recent changes
New York's sexual violence laws cover a range of offenses defined by the conduct involved, the use of force, and whether a person was legally able to consent, for example because of age or incapacity. New York has broadened its definition of rape, so conduct once charged under other names may now fall within it. Criminal cases are brought by the district attorney, not the survivor, and follow the usual path of arraignment, grand jury for felonies, and a plea or trial. A conviction for many sex offenses also leads to sex offender registration, which carries its own long-lasting obligations. Time limits for prosecution differ by offense, and some of the most serious offenses have none.
Civil claims, schools, and workplaces
A survivor may also bring a civil lawsuit seeking compensation, which is separate from any criminal case and uses a lower standard of proof. New York has extended the time to bring some civil claims and has opened special windows for older claims in the past, and New York City reopened a window for claims under its gender-motivated violence law, though whether state law limits that window is being litigated. Colleges and schools handle complaints through Title IX and their own conduct processes, and employers have obligations to respond to reports involving the workplace. These processes can run alongside a criminal case, and statements made in one may be used in another. Each has its own deadlines, and some can be short.
Getting advice before choosing a path
For a survivor, early steps may include preserving messages, photos, medical records, and the names of people you told, and considering whether to report to police, file a civil claim, seek an order of protection, or take none of these steps yet. For a person accused, the priority is to avoid speaking with police, school investigators, or the other person before getting advice, and to keep your own messages without deleting anything. In either situation, any written account of events should be prepared with your lawyer's guidance rather than on your own. Our first conversation identifies which proceedings exist or could begin, the deadlines that apply, and how a step in one could affect the others. The choice of which path to take, and when, belongs to you.
