WERE YOU SEXUALLY ABUSED IN A NEW YORK JUVENILE DETENTION CENTER OR RESIDENTIAL TREATMENT CENTER?
You May Be Entitled To Substantial Compensation
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SEX TRAFFICKING IN NEW YORK YOUTH RESIDENTIAL TREATMENT CENTERS
Sex trafficking is a form of human trafficking where a person is forced to perform sexual acts by threats, coercion, or intimidation. If a child under the age of 18 is made to engage in for-profit sexual activity, regardless of the use of force or threatened coercion, the perpetrator is guilty of violating federal law. Any offender who partakes in sex trafficking by recruiting, sheltering, transporting, advertising, or soliciting victims to provide commercial sexual services is guilty of a federal crime.
Tragically, children in certain New York youth residential facilities were reportedly victims of the heinous crime of sex trafficking. Survivors of such abuse are coming forward to shine a light on the darkness of sex trafficking, their traffickers and those that enable their abuses.
If you or someone you love has been a victim of sex trafficking in Hawthorne Cedar Knolls, Rising Ground, JCCA, or any New York youth facility or residential treatment center, we are here to support you and help you seek justice. Contact Levy Konigsberg today.
Were you sexually abused?
Fighting for Survivors of Sex Trafficking in NY Youth Residential Treatment Centers
In December 2018, 19 people were charged with sex trafficking children from New York residential treatment facilities, including victims as young as 13. At least 15 victims were in the child welfare system, including nine who were residents of Hawthorne Cedar Knolls. One defendant, Hubert Dupigny, recruited a 16-year-old girl from Hawthorne who worked for him as a prostitute until he was arrested in December 2016, according to prosecutors. At that point, the girl reportedly went to work for his brother, Hensley Dupigny, who posted advertisements for her on Backpage.com and collected most of her earnings. A prosecutor reportedly said at a court hearing for Hensley Dupigny that the alleged conspiracy was “particularly egregious” because the defendants sought out minors in the social services system, often children with behavioral or emotional problems who had become wards of the state. The traffickers often reportedly approached victims as if they had a romantic interest in them and then preyed upon them.
Legislation Provides Criminal and Civil Liability for Perpetrators
Businesses and institutions that engage in sex trafficking are now subject to state and federal civil claims brought by victims of trafficking schemes. The Trafficking Victims Protection Act of 2000 (“Act”), which has been amended several times since its inception, provides that human trafficking is a crime under the Racketeering Influenced Corrupt Organizations (RICO) statute. The Act assigns criminal liability to perpetrators who receive sexual services from those forced into trafficking. It also authorizes victims to file civil claims against businesses and institutions that “knowingly benefit from their participation in what they knew or should have known” was sex trafficking activities.
We specialize in sexual abuse lawsuits against powerful institutions. These include government entities (such as prisons, schools, and juvenile detention / juvenile treatment centers), technology companies, and clergy.
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Who Can You Sue in a Sex Abuse Civil Case?
In a sex abuse civil case, the parties you might sue can vary depending on the circumstances of the abuse and the relationships involved.
Some potential parties that could be sued in a sex abuse civil case include:
- Individual Perpetrator: The alleged perpetrator of the sexual abuse can be named as a defendant in the lawsuit. This is often the person who directly committed the abusive acts.
- Institutions and Organizations: If the abuse occurred within an institution or organization, such as a school, church, sports club, or workplace, and they failed to take appropriate action to prevent or address the abuse, they might also be held liable.
- Employers: If the perpetrator was an employee of an organization or institution, the employer might be held vicariously liable for the actions of their employee if the abuse occurred within the scope of their employment.
- Property Owners: If the abuse occurred on a property owned by someone else, and the property owner failed to provide adequate security or take reasonable steps to prevent the abuse, they might be considered liable.
- Government Entities: In some cases, government entities might be involved, especially if the abuse occurred within a state institution or facility. Suing a government entity might involve specific procedures and limitations.
Sex abuse cases can be legally complex, so it's highly advisable to consult with experienced legal professionals who specialize in this area to understand your options and pursue the appropriate legal action. Levy Konigsberg, along with our team of sexual abuse lawyers, is available to provide assistance for your sexual abuse case.
Do I Have a Case?
You may have grounds to file a civil legal action if you were a victim of sex trafficking.
As civil claims, these cases are separate from any criminal proceedings that may arise from abuse and focus instead on holding institutions liable for damages. This means you may still have a claim even if:
- Your abuser is no longer alive.
- Your abuser was never charged with or convicted of a crime.
Recoverable Damages in Sexual Abuse Claims
In addition to providing accountability and a sense of justice, civil sex abuse lawsuits allow survivors to recover financial compensation for their damages, which may include:
- Past medical and mental health expenses
- Future mental health expenses, including therapy, medications, etc.
- Pain and suffering
- Emotional anguish and psychological harm
- Lost income
- Other economic and non-economic damages
Sex Trafficking Statute of Limitations
A statute of limitations sets deadlines for victims to bring claims against their abuser or entities responsible for the abuse. On September 16, 2022, federal legislation entitled “The Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022” was enacted. The Act eliminates the statute of limitations for a minor victim of certain federal human trafficking or sex offenses. Under prior law, the statute of limitations for these claims was no later than 10 years after the date on which the plaintiff reasonably discovers the violation or injury, whichever occurs later, that forms the basis for the claim, or no later than 10 years after the date on which the victim reaches 18 years of age. While the Act took effect on September 16, 2022, it does not revive claims that would have already been barred as of September 15, 2022 by the prior statute of limitations. The Act only applies to claims or actions not previously barred that arise after September 16, 2022.
To understand the statute of limitations for your case, it's essential to consult with an experienced lawyer. At Levy Konigsberg, our attorneys specialize in handling both childhood sexual abuse cases and adult sexual abuse cases. We can assess the merits of your potential case and determine how the statute of limitations specifically applies to the facts of your case.
Levy Konigsberg is actively investigating allegations of sexual abuse at any New York residential treatment centers.
We are committed to protecting the most vulnerable members of our society and seeking justice for survivors of sexual abuse in juvenile detention centers and youth residential treatment facilities. Our experienced team is dedicated to providing legal representation and support to survivors, and we are actively investigating allegations of abuse. We are working tirelessly to ensure that survivors have access to justice and that future generations of young people are safe from harm within these institutions.
Trust Levy Konigsberg's Legal Team for Proven Results in Sexual Abuse and Negligence Cases
Levy Konigsberg LLP, a nationally recognized law firm, has built a legacy over three decades, recovering over $3 billion in sexual abuse compensation for clients. Led by award-winning sexual abuse lawyers, we specialize in representing survivors in sexual abuse across the country, taking on powerful institutions. Our top-rated trial practice handles all types of sexual abuse or negligence cases, showcasing numerous testimonials and successful case results.