If you were sexually assaulted in New York City, you have three separate legal options that can run at the same time: a criminal case brought by prosecutors after you report to the NYPD, a civil lawsuit you file yourself for money damages, and an order of protection to keep the offender away from you. Each has its own deadline, its own standard of proof, and its own payoff, and you do not have to choose only one. The legal options for sexual assault survivors in NYC are built so that even if the criminal system does not deliver, the civil system still can.
Reporting to the NYPD
The NYPD’s Special Victims Unit handles every report of sexual violence in the five boroughs. Its 24-hour hotline is 646-610-7272, and the call routes you to the squad covering your borough.1NYPD. Special Victims Unit Each squad has advocates from Safe Horizon’s Crime Victims Assistance Program on-site, so support is available the moment you walk in. For crisis support outside the NYPD, Safe Horizon’s citywide hotline is 212-267-7273.
You do not have to decide about charges right away. Going to a hospital for a forensic exam preserves physical evidence without obligating you to file a police report. If you do report, detectives trained in trauma-informed interviewing handle the investigation. The decision to prosecute belongs to the District Attorney, not to you, though your cooperation matters.
What Criminal Charges Can Be Brought
New York Penal Law Article 130 defines sexual offenses by the type of contact, whether force was used, and whether the victim could legally consent.2New York State Senate. New York Penal Law Article 130 – Sex Offenses The charges run from misdemeanors to the most serious violent felonies in the state.
At the misdemeanor end sit sexual misconduct, forcible touching, and third-degree sexual abuse. Sexual misconduct and forcible touching are Class A misdemeanors carrying up to 364 days in jail.3New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors
The felony charges include first-degree sexual abuse (a Class D violent felony with two to seven years in prison), second-degree rape (a Class D felony), and first-degree rape and first-degree criminal sexual act, which are Class B violent felonies carrying five to 25 years.4New York State Senate. New York Penal Law 130.35 – Rape in the First Degree5New York State Senate. New York Penal Law 70.02 – Sentence of Imprisonment for a Violent Felony Offense First-degree charges apply when the contact was accomplished by forcible compulsion, when the victim was physically helpless, or when the victim was below a set age.
Lack of consent is an element of every one of these offenses. Under Penal Law Section 130.05, consent is absent when there is forcible compulsion, when the victim is incapable of consenting, or, for charges like sexual abuse and forcible touching, when the victim simply did not agree.6New York State Senate. New York Penal Law 130.05 – Sex Offenses Lack of Consent A person is legally incapable of consenting when they are under 17, mentally disabled or mentally incapacitated (which includes being too impaired by alcohol or drugs to understand what is happening), physically helpless, in custody where the offender works for the facility, or a patient of the healthcare or mental health provider committing the act. For third-degree rape, consent is also absent when the victim clearly expressed refusal and a reasonable person would have understood those words or actions as a no. You do not have to have been physically overpowered for the contact to qualify as a crime.
Suing the Offender for Money Damages
New York City’s Victims of Gender-Motivated Violence Protection Act gives you a civil cause of action against anyone who injured you through a crime of violence motivated by gender.7NYC Administrative Code. Chapter 9 – Actions by Victims of Gender-Motivated Violence “Crime of violence” is defined broadly: any act that would qualify as a misdemeanor or felony under state or federal law counts, whether or not the offender was ever charged, prosecuted, or convicted. No criminal case is required.
If you win, you can recover compensatory damages (medical costs, therapy, lost wages, emotional distress), punitive damages, attorneys’ fees, and injunctive relief.7NYC Administrative Code. Chapter 9 – Actions by Victims of Gender-Motivated Violence The legal element that sets this statute apart from an ordinary personal injury claim is “gender motivation.” It is met in most sexual assault cases, but worth confirming with an attorney before filing.
You may also have a separate negligence claim against a third party whose carelessness allowed the assault to happen, such as a landlord, hotel, school, or employer. Those claims run on New York’s standard three-year personal injury deadline.
Getting an Order of Protection
If a criminal case is open, the court handling it can issue an order of protection against the accused as a condition of release or bail. You can also seek a civil order through Family Court without a criminal case, though Family Court jurisdiction generally requires a relationship with the offender — a current or former partner, someone you share a child with, or a family member. Supreme Court can issue protective orders during divorce proceedings.8Office for the Prevention of Domestic Violence. Orders of Protection
Outside of normal business hours, local town and city courts can issue temporary orders that hold until Family Court opens. An order can require the offender to stay away from your home, workplace, and school and to have no contact with you. Violating a protective order is a separate criminal offense.
Deadlines You Need to Know
Rape has no criminal statute of limitations in New York. A case can be charged at any time, however long ago the assault occurred.9New York Courts. Statute of Limitations Timetable For other sex offenses, a 2019 reform extended the criminal deadline to 20 years for several categories, while lower-level charges like sexual misconduct carry shorter windows that depend on the specific offense and when it happened.
On the civil side, Gender-Motivated Violence Act claims must be filed within seven years of the assault, extended to nine years if you were unable to file during that period due to injury, disability, or being a minor.10New York City Council. Gender-Motivated Violence Act A standard personal injury lawsuit (such as a negligence claim against an institution) has a three-year deadline. Survivors of child sex abuse have until age 55 to file a civil lawsuit.9New York Courts. Statute of Limitations Timetable
Two temporary lookback windows that previously revived expired claims are now closed: the Adult Survivors Act window closed in November 2023, and the GMVA lookback window closed in early 2025.11Governor of New York. Governor Hochul Signs Adult Survivors Act If you missed either, the standard deadlines above are what govern a new claim.
How a Civil Lawsuit Gets Filed
A civil case begins with two documents: a Summons, which names the parties and the court, and a Complaint, which lays out the facts and the legal basis for the claim. Blank forms are available through the New York State Unified Court System.12New York State Unified Court System. Civil Court Forms Most civil cases are filed electronically through NYSCEF, the state’s e-filing system.13New York State Unified Court System. New York State Courts Electronic Filing Filing requires an index number, which costs $210 and officially opens the case.14New York Courts. New York State Filing Fees
Before filing, pull together the evidence that backs up what happened: police reports, medical records, therapy records, bills, pay stubs showing missed income. You also need the defendant’s full name and a current home or work address so the papers can be delivered. After filing, the Summons and Complaint have to be formally served on the defendant through a process server or another adult who is not a party to the case.15New York State Unified Court System. How to Serve Papers When Commencing an Action or Proceeding
Most attorneys who take sexual assault civil cases work on contingency, collecting 33% to 40% of the final award or settlement rather than billing hourly. Under the Gender-Motivated Violence Act, the court can also order the defendant to pay your attorneys’ fees, which is unusual in civil litigation and can meaningfully reduce what comes out of your recovery.
Filing Under a Pseudonym
You may be able to file as Jane Doe or John Doe instead of using your real name. Federal courts generally permit pseudonymous filing in sexual assault cases because of the sensitive subject matter; the court weighs your privacy against the public’s interest in open proceedings, considering factors like risk of retaliation and whether your identity has stayed confidential. New York state courts allow pseudonymous filing in sexual assault cases as well, though the rules are less codified. If anonymity matters to you, raise it with your attorney before the Complaint is filed, because once your name is in the public record it is hard to pull back.
Protections at Work
Under NYC Administrative Code Section 8-107.1, employers cannot refuse to hire you, fire you, or penalize you because of your status as a victim of sex offenses or stalking.16NYC Administrative Code. Chapter 1 – Commission on Human Rights – Section 8-107.1 Covered employers must also provide reasonable accommodations so you can keep doing your job, including schedule adjustments for court dates, therapy appointments, and medical visits. Your employer can ask for documentation that you are a victim of a qualifying offense, but they cannot use that information against you. Complaints go to the NYC Commission on Human Rights.
Federal law adds another layer. Under Title VII, the EEOC bars employers with 15 or more employees from retaliating against anyone who reports sexual harassment or participates in an investigation. Protected activities include reporting to a supervisor, cooperating with an internal investigation, resisting sexual advances, and filing a formal complaint.17U.S. Equal Employment Opportunity Commission. Retaliation Retaliation ranges from a sudden poor performance review to a punitive schedule change. You have 180 days from the retaliatory act to file a charge with the EEOC, though state and local laws may extend that.
Taxes on a Settlement or Verdict
Money received on account of physical injuries or physical sickness is generally excluded from gross income under federal tax law.18Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness Compensation for medical bills, physical pain, and treatment tied to a physical injury from the assault is typically not taxed.
Emotional distress damages are treated differently. If they are tied to a physical injury, they can also be excluded. If they stand alone, the IRS treats them as taxable income, though you can deduct the amount you actually spent on medical care for that distress (such as therapy bills). Punitive damages are always taxable.
One rule to know during settlement talks: under Internal Revenue Code Section 162(q), a business cannot deduct any settlement payment or attorneys’ fees related to sexual harassment or sexual abuse if the settlement includes a nondisclosure agreement.19Office of the Law Revision Counsel. 26 USC 162 – Trade or Business Expenses An employer who insists on confidentiality pays a real tax price for it, which gives you leverage if they push for an NDA.