Legal Question in Criminal Law in New York

sexual abuse among the mentally disable

my brother is mentally challenge he is 38 years ols. he lives in a residential with other mentally disable men. a staff who works in one of the workshop initiated my brother to have sex with the other disable . Can my brother be charged for sexual assault or the staff who initiated. I just find out that this horrible thing happen to my brother and i am so worry sick and heart broken. how could this happen i thought this place was safe for my brother. also, i would like to know can i sued the place. for what i understand this staff have been doing this for the longest. also i believe that there has other incident in other place with this monster.


Asked on 5/21/04, 10:37 am

1 Answer from Attorneys
Barry Black Law Offices of Barry Black

Re: sexual abuse among the mentally disable

I am very sorry that your brother had to experience this. Yes, he *can* (unfortunately) be charged, depending on various factors and on how the matter might be reported to authorities. If you are aware of an ongoing investigation, someone is likely to be arrested, and an attorney can help protect your brother's interests and even possibly prevent his arrest.

Yes, you can initiate a civil suit on his behalf, but the issue of damages would be complex. Also, the criminal investigation and ensuing arrests, if any, would effect any possible civil suit.

When did all this transpire?

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Answered on 5/21/04, 11:14 am


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