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Can I sue an 18 year for emotional damages due to rape?

Huntington, NY |

I'm 14 I was given alcoholic beverages and raped by three teens (ages 18,18,15) and sexually touched by an older man. One of the 18 year olds took pictures. A few days pass and a 17 year old girl posted the picture on Instagram...there is proof. I've been HARRASED over social networks and in school. Since the inccedent I've had a low self esteem, verry depressed, ashamed, and have thoughts of suicide. I'm scared to go to school due to being HARRASED and I can't sleep well at night.

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Attorney answers 5

Posted

Did you call the police? You can sue but the question is whether they have assets to collect from if you win.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

Yea the police was called.

Posted

You can sue anyone for anything. The questions are: is the proof sufficient, and do the three teens (or their parents) have money to pay damages. If they don't, you'll be seeking a hollow judgment. Go to a civil plaintiff's attorney in your area and discuss your claims.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Asker

Posted

They were charged with 1st degree rape. The proof I have is a screen shot of the female's post on Instagram. The police found the pictures in the teens phones. Do you think that's "sufficient" and by a hollow statement, what exactly do you mean by that?

Anthony Michael Solis

Anthony Michael Solis

Posted

What I mean is that you should see an attorney to see how viable your case is.--from a legal standpoint. By "hollow" judgment, I meant that if the defendants don't have any assets, you could win a big judgment, but not be able to collect any money.

Asker

Posted

If they can buy a lot of drugs during one week, then they sure can pay. They have done this to many girls and all of them have been HARRASED. I'm the first one to stand up and tell someone. Why? Becuase I don't want to see another girl go through this. This boys walk around school all big and tuff. I think it's time to show them don't you think? I don't care what it takes...I will get the money for the emotional damages. I have PTSD. Witch is a stress disorder caused by all of this. And since the incedent I've been getting panic attacks and anxiety attacks. I dont think its okay for them to feel like they can do this to any girl.

Posted

I suggest -if you- have not already done so that you: 1. Tell your parent(s) everything that has happened to you; 2. Obtain proper medical care and treatment ; 3. Obtain counseling by a counselor who specializes in counseling victims of sexual assault; 4. Report this to the New York State Police ; 5. Notify the principal of your school that you are scared to attend school due to harassment; and 6. Speak with a local personal injury attorney to determine if there is any realistic chance that you could be compensated for your pain and suffering.

The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement

Asker

Posted

I have done all of that accept the attorney, I was out for two weeks in school and they told me I had to go back. They said they can't do anything about the harassment, and I'm speaking of older students than me. I've been getting picked up most of the time becuase of these students, I feel like the school isn't putting in enough effort.

George Peter Conway

George Peter Conway

Posted

I am so pleased to hear that you have already taken the most important steps.I suggest that you document the harassment and that you advise the head of the school of same in writing. I also suggest that your parents contact an education law attorney. He or she would be in the best position to advise you on how to handle the situation at school.

George Peter Conway

George Peter Conway

Posted

I assume since you have reported this matter to law enforcement that somebody probably has advised you about NYS Victim Services but if not you should check out the information at: http://www.ovs.ny.gov/services.html

Posted

Have you gone to the police with your proof? If the case was not prosecuted, a civil attorney is going to be much less interested. More facts are needed.

I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

Asker

Posted

Yes actually, this is what happend. A few days pass by after the incedent and it was a school day. Idk but I skipped school that day. I go home and told my mom and brother what had happend that night, my mom took me to the e.r for a pregnancy test. It came out to be negative. Then the cops were called and we had to go down the police station. We sit there and wait and finally one of the detectives come out. They take me to this room and show me a screen shot of the Instagram post the female have posted. It was the picture of one of the males on top of me. You can see the side of his face in the picture. And on the screen shot of the post you can clearly see the girls Instagram account name. Right there INFRONT of the detective I broke down in tears and felt hopeless. I told the detective everything that happend that night and they were charged with first degree rape. Witch I assume is the worst. Both the three males and females were arrested a few days later. The female was bailed out. But the three males were still in jail. They were realeased two weeks after. The police took there phones and investigated. In there they found a video they took that night and also the picture that was taken.

Richard C. Southard

Richard C. Southard

Posted

You should be able to find out from the DAs Office what happened to the case. If they admitted guilt then it can be helpful in the civil case. Then it becomes an issue of damages (how has it affected your life) and do these individuals have any assets/money that if you won your lawsuit, you could collect something.

Posted

The attorneys who already responded gave you excellent advice. Speak with a counselor, if you didn't report this event to the police, -do it now and ideally with your parent(s) support, if you sought medical attention follow it, if you didn't , do it now as well. Consider contacting a Women's Crisis Center in the Huntington area for help,and guidance. Keep a diary of all that you have gone thru. Speak to an attorney as well.

The responses provided to your questions are not legal advice, do not create any attorney client relationship, and are provided for informational purposes only.

Mitchell Jan Birzon

Mitchell Jan Birzon

Posted

Yes, you have the right to sue all of the people involved in this tragedy.

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