Legal Question in Sexual Harassment in New York

Sue the school or not?

I was a victum of a sexual abuse by an RA in college 4 months ago as a freshman he invited me over to the room and coursed me to sleep on his bed. He then brought out cream forced it on my hands and then stuck his hand on my hand shoved it down my pants and tryed to sexual stimulate me, to masterbate with him. He pulled down my pants tiwce during the night trying to say it's easier to masterbate that way, i idmentlty went to the police but they told me there was nothing they could do becasue he did'nt actually touch my penis, even though his hand was on my hand which was down my pants and he was using a sxual rubbing motion, my life has been a living hell since this happend, i'm not gay and it felt really wrong, can i sue the school for this becasue they hired this guy as a RA and gave him his own room, and did'nt help me out when i went to the police or do i not have a case?


Asked on 2/27/05, 3:16 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Sue the school or not?

Depends on the status of the RA. Is he an employee of the School? I think the school is in some ways going to be held responsible for the actions of an RA, but not always, especially for certain criminal acts.

If you tried to report a crime with the state police or city police and they disciminated against you, that is another potential case. Why wouldn't they take the report? Sounds like sexual assault to me.

Lastly you may also call the NYS Dept. of Human Rights, to investigate this as a sexual discrimination claim.

If the school is SUNY, CUNY etc make sure it has an appropriate and timely notice.

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Answered on 2/28/05, 10:08 am
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Sue the school or not?

You did not indicate if a report was filed with the school. Before you sue the school, you have to inform the school of the incident and give the school an opportunity to investigate and act on your complaint.The specifics of your narration to the police may not have been enough for a criminal arrest. If everything you said is correct there may be civil liabilities.

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Answered on 2/28/05, 12:13 am


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