Experiencing interpersonal harm, including sexual violence, can bring lasting challenges beyond the initial trauma. You may find yourself navigating an unfamiliar legal system as you explore options for justice and healing.
In New York, you can seek accountability and support in several ways. in several. Each option has a different purpose and process.
Choosing criminal prosecution
In a criminal case, the state prosecutes the accused for breaking the law. Police investigate the incident, and prosecutors decide whether to file charges.
You can report the assault to local police or the district attorney’s office. Investigators will gather evidence, interview witnesses and may bring charges against the accused. If the case moves forward, prosecutors handle the proceedings while you serve as a witness.
A conviction can lead to jail time, probation or sex offender registration. Prosecutors still have to prove guilt beyond a reasonable doubt, no matter how involved you are in the case.
Choosing civil litigation
Civil lawsuits give survivors the power to sue the perpetrator or a responsible institution for financial damages. These cases use a lower burden of proof than criminal prosecutions and focus on compensation rather than punishment.
You can file a civil case even if no criminal charges were made. Throughout the process, you maintain control, including whether to settle or proceed to trial.
Victim compensation programs
The New York State Office of Victim Services reimburses eligible survivors for out-of-pocket expenses related to a sexual crime. This program pays for costs rather than providing direct cash awards.
Covered expenses can include:
- Medical treatment and counseling services
- Lost wages or financial support
- Replacement of essential personal property
- Crime scene cleanup costs
In December 2023, a new law expanded eligibility for victim compensation and removed the requirement to provide law enforcement documentation. This change acknowledges that many survivors have valid reasons for not immediately reporting to police.
Choosing your next path forward
Survivors can pursue more than one option at the same time. For example, reporting to police, filing a civil lawsuit and applying for victim compensation.
Your decision depends on your personal goals, available evidence, time limits for filing and how much you feel able to engage with legal processes. Some prioritize criminal accountability, while others focus on financial recovery. Both approaches are valid and can help you move forward in different ways.
Your experience matters, and your choices deserve respect and support. A lawyer can help you understand your rights and guide you toward the path that feels right for you.