Our Practice

 VICTIMS RIGHTS - SURVIVOR ADVOCACY

SEXUAL ASSAULT and RAPE 

• CONSENT: NY law recognizes that engaging in nonconsensual sexual activity with a person is a crime.  Yet, consent is not defined in the law. Legislation has been introduced to correct this oversight. (A6540, NY Assembly)

SEXUAL HARASSMENT

TITLE IX- HARASSMENT AND ASSAULT IN SCHOOL 

ADULT SURVIVORS ACT- Expands deadline to file civil suit until Nov. 2023-ACT NOW*

CHILD VICTIMS ACT - If you were abused as a child, seek justice now.

STALKING and TRAFFICKING ARE ILLEGAL 

DOMESTIC VIOLENCE 

ORDERS OF PROTECTION 

IMMIGRATION AND IMMIGRANT RIGHTS

             - SIJS - Special Immigrant Juvenile Status.

           -  U-Visa (Domestic Violence)

           -  T-Visa (Trafficking)

           -  Marriage + Family based petitions for LPR

           -  Citizenship 

           -  Border work

*Our advocacy doesn't end with individual claims.  We speak out and stand up for survivors.  We give voice to injustice and speak truth to power. We collaborate with organizations that protect survivors. We are connected with the community and we engage in activism.  #SurvivorRightsAreHumanRights #GenderJustice #TraumaInformedJustice #ImmigrantRightsAreHumanRights

https://www.linkedin.com/in/patriciampastor       

Sexual Assault can impact a victim and her life immeasurably.  The effects of this experience  can be severely traumatizing and often include emotional and physical symptoms such as:

• Depression
• Anxiety
• Complex and chronic PTSD
• Insomnia
• Flashbacks/ body recall
• Dissociation/numbing
• Substance use disorders
• Eating disorders

It is critical that a survivor has a trauma-informed attorney to work with her in her search for justice.  Taking action can bring multiple benefits for the survivor including: 

• a sense of empowerment and control over her/his life; 
• compensation for the damages caused to her health, physical and emotional wellbeing, and for pain and suffering; and
•  access to resources for continued progress.

Under federal law, unlawful sexual harassment is gender based discrimination that involves  

• frequent or severe unwelcome sexual conduct 
• either creates an offensive, hositle work environment 

                OR

• results in a negative employment decision. 

The harasser may be:

• a supervisor
• coworker
• nonemployee, e.g., customer

Under NYC Law, a victim of unlawful harassment need not demonstrate severe or pervasive conduct.  They simply must  show that it results in their being treated less well than other employees based on their sex.

 Examples of sexual harassment include: 

• Sexually offensive comments or "jokes"

• Sexual gestures

• Comments about a person's gender or sexual preferences, whether complimentary or derogatory

• Unwanted groping or touching

• Coerced sexual contact or activity

• Requests for sexual favors 

• Requests of a sexually suggestive nature

• Displays of pornographic images

If you have been subjected to harassment, we can help you determine whether you are entitled to compensation. 

ADULT SURVIVORS ACT

The Adult Survivors Act (ASA), NY, signed into law in May, suspends the statute of limitations for one year (from Nov. 24, 2022 to November 24, 2023) to file a civil suit for sexual offenses, regardless of when the alleged crime occurred.  This mean that survivors can sue for sexual offenses they experienced years or even decades ago but never brought to court for various reasons including  fear of retaliation, severe trauma, lack of support and resources, etc.  The ASA does not provide for criminal prosecution, but survivors can seek compensation through the civil courts in New York.

NYC VICTIMS OF GENDER MOTIVATED PROTECTION LAW (VGMPL)

Similarly, effective March 1, 2023, the statute of limitations for claims filed under NYC's Victims of Gender Motivated Protection Law (VGMPL) will be suspended for one year so that surivors of gender-motivated violence can sue their abuser and anyone who enabled them, no matter when the violence occurred.  The VGMPL already has a long statute of limitations of 7 years.  It affords survivors a right to seek compensatory and punitive damages, injunctive and declaratory relief, attorney’s fees and costs.

VGMPL makes it unlawful in New York City to commit an act of violence because of a person's gender. It provides survivors the opportunity to seek recovery against the  aggressors independently of their other potential claims of assault, battery, and allegations under federal and state civil rights laws.  

CHILD VICTIMS ACT  

• Encourages survivors to file a claim      for money damages not just against their abusers, but also against any      public and private institutions that could have prevented the abuse and failed to do so.
• Extends New York’s statutes of limitations for survivors of child sexual abuse, permitting survivors to bring criminal charges against the abuser until the survivor’s 28th     birthday.
• Permits civil actions by the survivor before they turn 55.

Survivors of child sexual abuse may not fully understand what happened to them. They may blame themselves or feel ashamed, even though it was not their fault. Children often cannot face that perhaps a trusted adult has harmed them, and they feel responsible. They may not even tell anyone at the time. 

Traumatic reactions to sexual abuse are innumerable and can last for many years. They may include:

• Stress-related illness 
• Anxiety
• Depression
• PTSD and C-PTSD

We can help with resources to support survivors with treatment and counseling. 

We are vigilant advocates for survivors, and we work to achieve a resolution that brings substantial compensation for the serious harm caused to our survivor clients. 

Compensation may include medical care, therapeutic care and counseling, medication, and pain and suffering damages. Survivors may also be entitled to recover punitive damages depending on the specific circumstances and details of the abuse.

Sexual harassment is prohibited by:

• Title VII of the 1964 federal Civil Rights Act, 
• New York State Human Rights Law (NYSHRS)  

                    -  includes gender identity and transgender status

• NYC Human Rights Law (NYCHRL)

                     -  includes actual or perceived gender, including transgender, non-binary or gender non-conforming individuals

• New York State Oriendation Non-Discrimination Act (SONDA) prohibits harassment on the basis of actual or perceived sexual orientation.

Title IX of the Education Amendments of 1972,  20 U.S.C. §1681 et seq. is a federal civil rights law which prohibits sex discrimination, including discrimination based on pregnancy, sexual orientation, and gender identity in any education program or activity receiving federal financial assistance. 

Title IX :

• protects the right to be free of sexual harassment in the learning environment.  
• has been instrumental in combating sexual assault and sexual violence in educational settings.  
• enforced by The Department of Education's Office for Civil Rights (OCR), which investigates complaints, conducts compliance reviews, and provides technical assistance. 
• Schools who violate have opportunity to remedy the violation voluntarily.  
• Students harassed or assaulted by a student, teacher, staff member or anyone connected with school, on or off campus, should report violation to the school administration and contact a knowledgeable attorney.