Sexual Assault by Law Enforcement Lawyers in Buffalo, NY

A Cop Assaulted You. Now What?

When the person who’s supposed to protect you is the one who hurts you, it’s a different kind of betrayal. It leaves you wondering—who’s going to believe me? Who’s going to help? If you’re a survivor of sexual assault by law enforcement, you might feel trapped, but you’re not alone. There are people who believe you, and we will.

Sexual assault by a law enforcement officer is a crime. But we know reporting it isn’t easy. You might be scared of retaliation. You might feel like no one will take your side. That’s why knowing your options is so important.

Here’s where you can report a police officer’s sexual assault in Albany:

• Internal Affairs Division – The Albany Police Department investigates its own. But let’s be real—internal investigations don’t always lead to justice.
• New York State Attorney General’s Office – Has the authority to investigate and prosecute officers who commit sexual abuse.
• U.S. Department of Justice – If your assault involved excessive force or violated your civil rights, the DOJ can step in.

If you’re not ready to report, that’s okay. Just start by documenting everything—dates, times, locations, badge numbers, texts, medical records. That information could make all the difference when you’re ready to take action.

They Think They’re Above the Law. They’re Not.

Cops don’t get a free pass to assault people. New York law doesn’t just protect you—it comes down hard on officers who abuse their power.

If a police officer sexually assaulted you, they could face serious criminal charges:

Sexual abuse in the first degree. If they used force, threats, or intimidation, this is a felony. New York Penal Law § 130.65

Rape or criminal sexual act. If an officer coerced or manipulated you into sex, the law calls it what it is—rape.

Official misconduct. If they abused their badge to commit a crime, this adds another charge to the list. New York Penal Law § 195.00

And here’s something critical: If you were in custody at the time, you couldn’t legally consent—no matter what the officer claims. The law recognizes that power dynamics make true consent impossible.

You also have rights under federal law:

• Civil Rights Act (42 U.S.C. § 1983) – You can sue an officer who violated your constitutional rights.
• Violence Against Women Act – Provides resources and protections for survivors of sexual violence.

If you’re looking for sexual assault legal representation, it’s important to work with a law firm that knows how to handle cases involving police officers. You deserve justice, and the right attorney can help you fight for it.

Criminal Charges vs. Civil Lawsuits: What’s the Difference?

There are two ways to hold an abusive officer accountable: press criminal charges or file a civil lawsuit. You can do both.

• Criminal Case – The state prosecutes the officer. If convicted, they could go to prison, lose their badge, and register as a sex offender.
• Civil Lawsuit – You sue the officer (and possibly the police department) for financial compensation.

A lawsuit can help you recover medical expenses, therapy and mental health care, lost wages, pain and suffering.

Here’s something a lot of survivors don’t realize: Even if an officer isn’t criminally charged, you can still sue. The burden of proof in a civil case is lower, meaning you might have a stronger shot at justice in court.

Suing a Cop Isn’t Easy—But It’s Possible. Here’s What to Expect.

Taking legal action against a police officer feels overwhelming. But knowing what to expect can make it easier to take that first step.

1. File a Notice of Claim – If you’re suing the police department, you may have only 90 days to notify them.
2. Build Your Case – This is where we gather evidence—medical records, witness statements, text messages, anything that proves what happened.
3. File the Lawsuit – We formally sue the officer and, if applicable, the department that failed to stop them.
4. Negotiate a Settlement – Many cases settle out of court. But if the department refuses to offer fair compensation, we fight for you at trial.
5. Trial and Judgment – If we go to court, a jury decides whether the officer or department is liable. If they are, you get financial compensation.

Police departments protect their own. But with the right police misconduct attorney? You can fight back—and win.

If you’re considering filing a lawsuit for sexual assault by law enforcement, timing is everything. The sooner you act, the better your chances of holding them accountable.

Horn Wright, LLP, Won’t Let Them Get Away With This. We Fight for Survivors.

At Horn Wright, LLP, we know the system is stacked against survivors of police sexual assault. But we refuse to let them silence you.

As a civil rights law firm in Albany, we take these cases because no one—especially not a cop—should get away with what happened to you.

Our legal team handles sexual assault by law enforcement cases, law enforcement abuse claims, police misconduct lawsuits, and justice for police assault victims.

You’ve been through enough. Let us take on the legal battle so you can focus on healing. We are proud to be named one of the best law firms in America. If you’re ready to fight back after sexual assault by law enforcement, we’re here to help. Contact Horn Wright, LLP today.