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Do I have a case for sexual assault?

Brooklyn, NY |

10 months ago, a man I was dating beat me vigorously during what started as a consensual sex act. He continued after I had said no and forced himself on me. I ended up in the hospital because my doctor was worried I had a ruptured spleen. I told the hospital I had been in a biking accident and was not given any kind of gynecological exam. My spleen turned out only to be bruised, and I was released. The only evidence I have of this event are two photographs of my body covered in bruises, several emails I sent about it to friends, and my own testimony.

I stayed with this emotionally abusive man for many months after, but was treated for severe depression caused by this traumatic event. Do I have a case for civil or criminal charges against him?

Attorney Answers 2

Posted

Possibly. Bring your evidence to a personal injury attorney for review and analysis of any potential civil claims that you may have here. You can call the police to institute criminal proceedings, however they may choose not to execute a police report because it has been several months since the incident. You must act fast because you do not have much time left under the applicable statute of limitations.

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Posted

While you might be able to explain the misrepresentation you made initially, your case is compromised in either forum, criminal or civil. You can report this to the police. Your withdrawal of consent during the occurrence required him to stop, and once he refused despite clear communication, he was committing a crime. You can bring an action in both criminal and civil court simultaneously, but you should consult an attorney on the matter of civil litigation.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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1 comment

Marco Caviglia

Marco Caviglia

Posted

You typically have a 1 year statute of limitations, though in certain instances it is extended for criminal prosecution on a LIMITED number of crimes, which may not apply to you.

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