Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Sexual abuse covers a range of harmful behaviors that involve unwanted sexual activity or exploitation. In Buffalo, New York, these matters are governed by state criminal law, civil law, and local enforcement and victim-service practices. Allegations can involve adults, minors, acquaintances, family members, people in positions of authority, or strangers. The criminal system focuses on proving guilt beyond a reasonable doubt and can result in arrest, prosecution, conviction, and penalties that include prison, fines, and mandatory registration as a sex offender. Civil remedies can include lawsuits for damages and requests for protective orders. Local resources and procedures - such as hospital forensic exams, victim advocacy, and county prosecutors - play a key role in how cases are handled in Erie County and the City of Buffalo.
Sexual abuse matters often raise complex legal, medical, and emotional issues. People may need a lawyer for many reasons, including:
- If you are a survivor and want to understand criminal-reporting options, pursue a civil claim, or obtain an order of protection.
- If you are accused of sexual abuse and need criminal defense to protect your rights during investigation, arrest, prosecution, plea negotiations, trial, or sentencing.
- If the allegation affects custody, visitation, or family court proceedings and you need help protecting parental rights or responding to emergency petitions.
- If you are facing administrative or employment investigations - for example at work or at a school or university - and you want representation in disciplinary hearings.
- If evidence preservation, privacy protection, or interaction with law enforcement, medical providers, or child protective services is necessary.
- If you want to file for compensation through victim compensation programs, or to coordinate civil claims with criminal cases.
Key legal aspects that matter in Buffalo and New York State include:
- Criminal Offenses - New York Penal Law defines sexual offenses such as rape, criminal sexual act, sexual abuse, and aggravated variants depending on use of force, age of the alleged victim, presence of a weapon, and other circumstances.
- Age of Consent - New York sets the age of sexual consent at 17. Sexual contact with someone younger can be charged under statutory or related offenses even without force or coercion.
- Consent - Consent must be voluntary and informed. Lack of consent can be established by force, coercion, incapacity due to alcohol or drugs, or when the victim is under the age of consent or legally incompetent.
- Burden and Standard of Proof - In criminal cases the prosecution must prove guilt beyond a reasonable doubt. Civil cases use the lower preponderance of the evidence standard.
- Reporting and Mandatory Reporting - Certain professionals are legally required to report suspected child abuse or neglect to state child protection services. Hospitals and law enforcement have protocols for sexual assault exams and evidence collection.
- Statutes of Limitations - Time limits apply for bringing criminal charges and civil claims. Time limits vary by the type of offense, victim age, and recent legislative reforms. Some civil remedies for childhood sexual abuse have been extended in recent years, but exact deadlines can be complex.
- Victim Protections - Victims can seek criminal justice remedies and civil protection orders. New York provides victim witness services, confidentiality protections in certain settings, and programs that help minimize retraumatization during interviews and court proceedings.
- Sex Offender Registration - Convictions for many sexual offenses can require registration under New York State’s sex offender registration laws, which carry long-term reporting requirements and can affect housing, employment, and travel.
- Local Prosecution - In Buffalo, criminal sexual cases are investigated by local police and prosecuted by the Erie County District Attorney or by state or federal authorities in specific circumstances.
If you are in immediate danger, call emergency services. Preserve evidence by avoiding washing, changing clothes, eating, or using the bathroom if possible before a forensic exam. Seek medical attention promptly for health and pregnancy prevention concerns, and consider contacting a sexual assault advocate who can explain options for reporting, exams, and support.
No - reporting is a personal decision. Reporting to police can start a criminal investigation and potential prosecution. If you are a mandated reporter because of your job, you may have a legal obligation to report suspected child abuse. Even if you do not report to police, you can often get medical care and advocacy services confidentially.
Time limits - called statutes of limitations - depend on the type of claim and when the abuse occurred or was discovered. Recent reforms in many jurisdictions affect claims for childhood sexual abuse, but deadlines can be complex and fact-specific. Consult a lawyer promptly because deadlines may prevent civil claims if you wait too long.
Evidence can include medical and forensic exam findings, clothing, photographs of injuries, texts or messages, witness statements, social-media posts, location data, surveillance footage, and any prior reports. Timely preservation of evidence is important. A lawyer can help identify and secure evidence early.
Yes. New York law provides mechanisms such as orders of protection issued in criminal cases or family court orders in family disputes. Protective orders can require an alleged abuser to stay away, avoid contact, and may include custody or visitation restrictions in family court matters.
Medical care and forensic exams are subject to privacy protections, but certain reports - like those involving child abuse - may trigger mandatory reporting to child protective services. Advocates and medical staff can explain confidentiality limits before an exam.
If you are accused, do not discuss the matter with others or with police without a lawyer. You have the right to remain silent and to consult an attorney. An experienced criminal defense lawyer can advise on investigating evidence, preserving rights, and building a defense.
Employers may take administrative actions while investigating allegations, particularly if workplace safety or policies are implicated. Employment remedies depend on workplace policies, collective bargaining agreements, and whether employment law protections apply. A lawyer can advise on rights and potential responses.
Yes. New York offers victim compensation programs that may reimburse certain expenses such as medical costs, counseling, lost wages, and funeral expenses in some cases. Eligibility and application requirements vary. A victim advocate or lawyer can help navigate the process.
Look for an attorney with experience in sexual assault cases - either as a prosecutor, defense attorney, or civil litigator depending on your needs. Consider their courtroom experience, track record, familiarity with local prosecutors and victim services, communication style, and whether they provide or coordinate access to medical and trauma-informed support services.
Helpful local and state agencies and organizations include law enforcement agencies in Buffalo and Erie County, the Erie County District Attorney’s Office, New York State Office of Victim Services, local hospitals with sexual assault forensic exam programs, rape crisis centers, child protective services for suspected child abuse, and victim advocacy groups. National hotlines and advocacy organizations can provide crisis counseling and referrals. Professional associations for criminal defense and civil attorneys can help locate experienced counsel.
If you need legal assistance, consider these actions:
- Prioritize safety - if you are in danger, contact emergency services and consider a safety plan.
- Get medical care - seek immediate medical attention for health concerns and evidence preservation.
- Contact a sexual assault advocate - advocates can explain reporting options, accompany you to medical exams, and connect you to services.
- Decide whether to report to police - an advocate or lawyer can explain the consequences and process.
- Preserve evidence - keep messages, photos, clothing, and other possible evidence in a safe place.
- Consult an attorney promptly - a lawyer can explain criminal and civil options, help preserve evidence, file protective orders, or defend against allegations.
- Use victim compensation and support services - look into local and state programs that can assist with medical, counseling, and financial needs.
This guide is informational and not a substitute for legal advice. For advice tailored to your situation, contact an attorney who practices in Erie County or Buffalo and who has experience with sexual abuse matters.
