Legal Question in Civil Rights Law in New York

Rape

I was raped on July 30th, 2002. The man was arrested and convicted of first-degree rape and second-degree burglary on April 19th, 2004 and sentenced to 7 years. For some reason he was let out on $30,000 cash bail to await his appeal. I want him to pay for what he has done. Can I file a civil suit against this man for what he has done and receive restitution from him?

Thanks for your time.


Asked on 4/21/04, 7:08 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Rape

You're certainly within your rights to. The practical question is whether such a suit would be economically worthwhile. Does the assailant have any assets to his name that would be worthwhile to satisfy a judgment?

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/22/04, 8:34 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Rape

I just reread your question, unfortunately I must amend my answer. I didn't take into account my original answer the date of your rape. In New York, unfortuantely, the statute of limitations for an intentional act such as a battery (the cause of action for rape) is 1 year from the date of occurence. Unfortuantely, any lawsuit you would initiate at this point would be untimely and dismissed.

As before, should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/22/04, 8:37 am


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