Buffalo Sexual Abuse Lawyer

Finding the right Buffalo sexual abuse lawyer shouldn’t add to an already overwhelming process. Civil law in New York offers real paths towards justice for survivors, but deadlines, procedures, and institutional power can feel impossible to navigate alone.

At Herman Law, we stand by survivors. Every case is unique, and survivors deserve a team that will press forward with persistence and clarity, no matter how powerful the opposition. Our team brings unwavering advocacy to every case, using our experience and resources to protect survivors in Buffalo and New York.

Start Your Healing Process Today

At Herman Law, our mission is to help victims heal by giving them a voice through civil litigation. Start your path towards justice and healing with a member of our team — confidentially and with care.

free case review call us: 1 800 686 9921

Your Rights Under the Law as a Sexual Abuse Survivor

Survivors of childhood sexual abuse in New York have more than one legal avenue to pursue justice. In addition to the possibility of criminal charges against an abuser, state law allows survivors to take independent civil action. A civil lawsuit can target both the individual responsible and the institutions that enabled the abuse. Unlike criminal cases, these actions are not dependent on a conviction; survivors may proceed in civil court even if prosecutors never file charges or if the accused is acquitted. Civil claims can also focus on broader accountability, compelling schools, churches, and youth programs to answer for negligence and systemic failures.

One of the most significant reforms in New York was the passage of the Child Victims Act (CVA). This law reshaped access to the courts by expanding deadlines and providing new opportunities for survivors whose cases might have been barred under older rules. The CVA made several important changes:

• Civil claims until age 55: The Child Victims Act gives survivors until their 55th birthday to bring a civil lawsuit, one of the most significant extensions in New York history.
• Revival window: A temporary look-back period allowed previously time-barred claims to be filed, recognizing the reality that disclosure often takes years.

Through these reforms, the New York Child Victims Act recognizes the profound and lasting impact of childhood sexual abuse and provides survivors in Buffalo and throughout the state with a stronger, more practical path to pursue accountability.

Criminal and Civil Cases: Understanding the Difference

When it comes to sexual abuse cases, the law recognizes two distinct paths: criminal proceedings and civil lawsuits. While both address serious misconduct, they differ in purpose, process, and outcome. Understanding these differences is critical for survivors who are weighing their options. At Herman Law, our focus is on civil litigation, and a Buffalo sexual abuse lawyer from our team is prepared to pursue accountability through the civil courts.

• Criminal cases are prosecuted by the state against an alleged offender. The goal is punishment—prison sentences, probation, or registration as a sex offender. The standard of proof is high, requiring prosecutors to prove guilt “beyond a reasonable doubt.” Many cases do not reach this threshold, especially if years have passed since the abuse.
• Civil cases are initiated by survivors. The aim is accountability—often through monetary damages and, in some cases, court orders requiring institutions to implement safeguards or policy changes. Civil cases operate under a lower burden of proof, meaning survivors may succeed even without criminal charges.

For survivors, deciding how to proceed is deeply personal. While criminal courts focus on punishment, civil litigation offers a different kind of resolution that gives survivors a voice in the legal process and the ability to demand accountability. Herman Law concentrates on these civil claims, equipping survivors in Buffalo with relentless advocacy that prioritizes their rights, dignity, and opportunity to be heard.

How Herman Law Can Help Your Sexual Abuse Case

How can Herman Law help you in your sexual abuse case? A Buffalo sexual abuse lawyer does more than file paperwork. At Herman Law, we evaluate timelines, investigate institutions, and prepare cases that demand answers in court. Survivors gain an experienced team that listens closely, communicates clearly, and advocates with persistence in Buffalo and across New York.

Our representation often involves:

• Evaluating eligibility: We review the survivor’s timeline, age at the time of abuse, and whether state statutes extend or restrict the ability to file.
• Investigating institutions: Many claims involve negligence by churches, schools, or youth programs. We examine policies, prior reports, and organizational responses.
• Building evidence: Our attorneys and investigative team work to collect documentation, witness testimony, and corroborating records.
• Navigating the legal process: From drafting pleadings to responding to defense counsel, we handle each step while shielding survivors from unnecessary exposure.
• Seeking accountability: Civil claims often result in financial settlements or judgments, but they also serve to expose institutional wrongdoing and deter future harm.

What sets our work apart is the focus on impact: creating opportunities for survivors to speak on their terms and compelling institutions to answer publicly for their failures. In Buffalo, our advocacy is not just about building cases but about shifting the balance of power—giving survivors the strength of a dedicated team behind them.

What Is Considered Sexual Abuse Under New York Law?

New York law defines sexual abuse as unlawful sexual contact involving the touching of intimate body parts without consent. The law establishes degrees of severity based on specific circumstances. For example, under New York Penal Law § 130.65, sexual abuse in the first degree occurs when an individual subjects another person to sexual contact:

• By forcible compulsion.
• When the person is incapable of consent because they are physically helpless.
• When the victim is less than eleven years old.
• When the victim is less than thirteen years old and the accused is twenty-one or older.

When the victim is a minor, the law presumes that consent cannot be given. As a result, nearly all sexual contact between an adult and a child qualifies as abuse.

Examples of conduct that may meet this definition include:

• Fondling or inappropriate touching of sexual or intimate areas.
• Molestation or assault by adults in positions of authority, such as teachers, clergy, or coaches.
• Grooming behaviors are intended to manipulate or coerce a minor into sexual activity.
• Forcing or persuading a child to engage in sexual conversations or view pornography.
• Online exploitation, including pressure to share images or participate in sexual exchanges.

These acts demonstrate the broad scope of conduct the law recognizes as sexual abuse of minors.

Statute Of Limitations In New York

What is the statute of limitations in New York? In cases of childhood sexual abuse, deadlines for filing a lawsuit can determine whether a survivor’s claim may proceed. Recognizing that many survivors do not disclose abuse until years later, New York enacted the Child Victims Act (CPLR § 214-g), one of the most significant reforms in state history.

This statute allows survivors of childhood sexual abuse to bring civil claims until the age of 55, offering decades beyond prior limits to pursue accountability through the courts. The CVA also created a temporary “look-back window” that permitted survivors of any age to revive claims that were previously barred. That revival period closed in 2021, but the extended deadline to age 55 remains in force.

The Child Victims Act acknowledges that disclosure often occurs long after abuse takes place and that survivors deserve meaningful access to civil courts. For survivors in Buffalo, this law provides a clear and extended opportunity to pursue accountability against abusers and the institutions that enabled them.

Why Herman Law?

Choosing the right advocate is important when confronting institutions that failed to protect children. Survivors in Buffalo need more than legal representation—they need a firm that understands the complexity of these cases and has the resources to pursue them effectively. That’s what sets Herman Law apart.

• Focus on survivors: We exclusively represent survivors of sexual abuse, not defendants or institutions.
• National reputation: Our attorneys have been recognized across the country for advancing civil litigation that reshapes how institutions respond to abuse.
• Local understanding: Although we operate in multiple states across the country, we tailor our local case strategies to the laws and courts of New York State, including Erie County and the Buffalo area.
• Dedicated investigation team: Our internal investigators work alongside attorneys to gather evidence often overlooked by institutions or defense lawyers.
• Privacy and dignity: We structure litigation to minimize re-traumatization, protecting survivor confidentiality wherever possible.

When you work with a Buffalo sexual abuse lawyer from Herman Law, you gain more than legal counsel—you gain a team committed to exposing wrongdoing and demanding accountability. Our strength lies not just in legal skill but in relentless advocacy, giving survivors a trusted voice in a process that too often seeks to silence them.

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What Our Clients Are Saying About Us

Carrie B.

Google Review

Herman law saved my life. Plain and simple. I am forever grateful for my family at Herman law. They brought me and my family justice and then delivered accountability to a corrupt and broken system. They uncovered the agencies cover up and then confronted my perpetrator, holding him accountable.

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Speak with a Member of Our Team

Coming forward can feel overwhelming, but you don’t have to take that step by yourself. A dedicated member of our team will listen to your story with compassion and discretion.

Contact Herman Law today at 800-686-9921 for a free, confidential consultation.

Jeff Herman

Jeff Herman is a nationally recognized attorney and founder of Herman Law, known for his dedication to helping survivors of sexual abuse. With over 35 years of experience, Jeff has represented thousands of clients across the U.S. and secured landmark victories, including a $100 million verdict. He is trained in trauma-informed advocacy and works closely with survivors to guide them through the legal process with care and determination. Jeff is admitted to practice in Florida and New York and leads a team committed to justice and healing.

free case review call us: 1 800 686 9921