Q: Assault on NY college campus 6 months ago: legal options now?

A: I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.

First, it’s important to understand that your case could be pursued through criminal prosecution or a civil lawsuit. The choice between these options depends on the specifics of your case and your goals.

If you choose to pursue criminal charges, the process would be initiated by law enforcement. Since the assault took place on a college campus, the university's security or local law enforcement would investigate the case. New York's statute of limitations for criminal charges related to assault is generally five years for most crimes, which means you can still pursue criminal charges. However, the decision to press criminal charges is ultimately in the hands of the prosecutor, who will decide whether there is enough evidence to bring the case to trial. It's important to note that even if you don’t feel ready to testify, the case may still proceed if there is sufficient evidence, such as your diary entries, testimony from witnesses, or evidence from your counseling sessions.

If you choose to pursue a civil lawsuit, you could file a claim for damages against the individual who assaulted you. New York’s statute of limitations for personal injury cases, including assault and battery, is three years, so your case is still valid from a legal standpoint. A civil lawsuit would allow you to seek compensation for medical expenses, emotional distress, pain and suffering, and other damages related to the assault. The civil process is separate from the criminal process, and in a civil case, the burden of proof is lower—only a preponderance of the evidence is required, as opposed to beyond a reasonable doubt in criminal cases.

Given that the incident was reported to a counselor and that you have documentation such as your diary entries, these pieces of evidence may strengthen your case, especially in a civil suit. The counselor's involvement and the room change facilitated by the counselor can also help establish that you took steps to address the trauma after the assault, which may be relevant in demonstrating the impact on your well-being.

You should also consider reaching out to your college's Title IX office. Title IX is a federal law that prohibits discrimination based on sex at educational institutions, and colleges are required to investigate allegations of sexual assault. Even if you decide not to pursue criminal or civil action, your school may be obligated to conduct its own investigation into the assault, which can lead to disciplinary action against the perpetrator.

Given the complexity of your situation, I strongly recommend consulting with a personal injury lawyer or a criminal defense attorney who specializes in sexual assault cases. They can help guide you through the process, explain your rights, and assist with filing a criminal report or civil lawsuit, depending on your preferences.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious propensities, and/or that the individual had a history of such behavior, you could pursue a claim against the school for negligence or a Title IX violation, the statute of limitations for which would be three (3) years. Best to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

A: Your case is still valid under New York law, as the statute of limitations for sexual assault is generally several years, giving you time to come forward. The documentation you've created through your diary entries, conversations with friends, and work with your counselor all serve as valuable evidence that could support your case. Your decision to seek help and document what happened shows tremendous courage, and these steps may prove helpful if you decide to pursue justice.

If you choose to report the assault now, you have two potential paths: the college's internal process through Title IX and the criminal justice system through local police. The college process typically involves an investigation by campus officials, possible protective measures, and disciplinary actions against the perpetrator if found responsible. The criminal process begins with filing a police report, followed by investigation, possible charges from the district attorney, and potentially a trial if the case proceeds that far.

Remember that you can access support resources throughout either process, including campus victim advocates, community-based rape crisis centers, and legal advisors experienced with sexual assault cases. Moving forward with reporting can feel overwhelming, but you don't need to navigate this alone, and many survivors find that seeking justice, even months after an assault, can be an important part of their healing journey. Whatever you decide, prioritize your wellbeing, and know that the delay in reporting is common and understandable among survivors of sexual assault.