Who is Liable in a Sexual Abuse or Sexual Assault Lawsuit in New York?

Brian Magnosi | Abuse Awareness,Personal Injury | July 23, 2025

When a victim is sexually abused or assaulted, the focus naturally turns to the perpetrator. Many times, however, the assault did not happen in a vacuum – it happened because someone failed to live up to their responsibilities and step in, be it a school, place of worship, workplace, hospital, day care, or nursing home, and that’s where the legal accountability is.

Survivors have every right to ask, “Who let this happen?”

Here’s what you need to know about who may be legally responsible in a sexual abuse NY case.

Holding the Abuser and the Institution Accountable

In New York, survivors have the right to hold their abuser directly accountable through both criminal and civil legal systems.

A criminal case focuses on punishing the offender with jail time. The police and district attorneys are responsible for investigating and prosecuting criminal cases.

A civil case focuses on making sure survivors are made whole with compensation for the harm they suffered. Civil lawsuits seek damages for the survivor’s lasting psychological suffering, medical expenses, therapy costs, lost wages, and emotional distress. For this, a survivor retains a private attorney to investigate and pursue their claims.

Institutions Can Be and Are Held Liable in New York for Sexual Abuse

Institutions are responsible to protect the people under their care. These include:

• Schools
• Places of worship
• Hospitals
• Workplaces
• Daycares
• Nursing homes
• Group homes for the disabled
• Nursery schools
• Hotels

Nursery schools, daycare, and schools must protect their children. Hospitals and nursing homes must protect their patients. Businesses, places of worship, hotels must provide a safe place they invite people into.

These institutions may have:

• Failed to properly vet employees
• Neglected to supervise employees
• Ignored or mishandled complaints
• Actively covered up abuse
• Turned a blind eye to the abuse of their employees
• Failed to have proper safety precautions at their premises to prevent intruders from entering

Under New York law, institutions that allow abuse to happen through their failures, their negligence, poor oversight, or bad hiring practices can be held legally responsible in a civil lawsuit.

There is Help for Survivors of Sexual Abuse

Sexual abuse cases are personal, painful, and complex. Whenever you are ready to talk, we’re ready to listen. We at Mirman, Markovits & Landau have represented survivors across New York since 1977.

We’ve gone toe-to-toe with major institutions, and we know how to build cases that seek justice without retraumatizing the survivor. When, for example, a Brooklyn mother was sexually abused while a construction company was performing work in her home, after proving the construction company’s negligence created an unsafe environment, Michele Mirman won $4 million on behalf of the victim. Mrs. Mirman has represented victims against private schools, public schools, businesses, landlords, and hospitals. If you’re wondering whether an institution, employer, or organization might share responsibility for what happened to you, we can help you find answers.

How a Lawyer Can Help You File a Sexual Abuse NY Claim

You don’t need to carry the weight alone. Call us today if you have questions about whether you can bring a civil case against those who failed to protect you. You can reach us at 212-227-4000. Consultations at  Mirman, Markovits & Landau, P.C. are 100% free and 100% confidential.