Legal Question in Sexual Harassment in New York

abuse?

I am going to be accused of ''touching'' an 18 year old boy while he was sleeping and exposing myself masturbating while watching a porno with others - all 18 or over in 1996. The boy went on to play soccer for me in college as well as working for me, inviting me to family parties and using me for job references. He started seeing a psychitrist for something else in 2002 but now says this has ruined his life, causing pain, mistrust, etc. Does he have a suit? Do I need a lawyer? Statutes of limitations, he was not a minor when accusing, his word vs. mine, etc. He is now 28. What is my recourse if he accuses me (slander?) with no proof.


Asked on 1/20/05, 10:42 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: abuse?

Did you coach this person when he was a student or member somewhere you worked or still work? This is important information.

It sounds that if what you say is correct, as regards civil liability, you should be okay

because of the staute of limitations.

Please be aware that beside being a minor, other forms of incompetency can also toll the statute of limitations.(Mental incompetency).

The statute of limitations under the penal law, will be different. Be aware. How did you come to "know" of this?

If he falsly states you abused him as a minor that is slander; but he must tell someone, or have it published in writing to be libel.

You would then have a year to sue him for Slander

or Libel.

Is this part of an employment dispute? I think you would be well advised to consult an attorney with more specific information. While I don't handle criminal cases, I do handle libel, slander, and employment matters.

If this happened while you were coaching at a school or other institution you may be entitled to a defense from their insurance company.

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Answered on 1/22/05, 5:47 pm


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