Sexual assault is a broad term for any non-consensual sexual act. Sexual abuse is a specific offense — and under New York law, it means unwanted sexual contact defined in Penal Law §§ 130.55 through 130.65. Abuse often involves repeated conduct by someone in a position of power or trust. When comparing sexual abuse vs sexual assault, the key distinction is scope: assault is the wider umbrella; abuse is one category within it.
Both can support a civil lawsuit in New York, and knowing the difference helps survivors identify exactly what happened — and what legal options are available.
What Is Sexual Assault?
Sexual assault is an umbrella term. It covers any non-consensual sexual act — from unwanted touching to rape. In everyday language and in many legal contexts, "sexual assault" describes the full range of sexual offenses committed without consent.
In New York's Penal Law, "sexual assault" is not a single charge with its own statute. Instead, Article 130 defines multiple sex offenses that together make up what most people mean by "sexual assault." Those offenses include:
- Rape (§§ 130.25, 130.30, 130.35)
- Criminal sexual act (§§ 130.40, 130.45, 130.50)
- Sexual abuse (§§ 130.55, 130.60, 130.65)
- Predatory sexual assault (§ 130.95)
- Aggravated sexual abuse (§§ 130.65-a through 130.70)
Sexual assault typically refers to a single incident. It may happen between strangers, coworkers, acquaintances, or partners. The defining element is always the same: the absence of consent.
What Is Sexual Abuse Under New York Law?
Sexual abuse is a specific category of sex offense under New York Penal Law. Unlike rape — which requires sexual intercourse — sexual abuse involves sexual contact without consent. Under Penal Law § 130.00(3), "sexual contact" means any touching of the sexual or intimate parts of a person for the purpose of gratifying sexual desire of either party, or for the purpose of degrading or abusing the person.
New York defines three degrees of sexual abuse:
Sexual Abuse in the Third Degree (PL § 130.55) Any sexual contact with a person without their consent. This is a Class B misdemeanor — the broadest of the three degrees.
Sexual Abuse in the Second Degree (PL § 130.60) Sexual contact with someone who cannot consent due to mental incapacity or physical helplessness, or with a person under 14. This is a Class A misdemeanor.
Sexual Abuse in the First Degree (PL § 130.65) Sexual contact by forcible compulsion, with someone physically helpless, or with a child under 11. This is a Class D felony — the most serious of the three degrees.
Beyond the criminal law definitions, sexual abuse in a broader sense often describes conduct that is ongoing rather than a single event. It frequently involves a power imbalance — a coach, teacher, employer, clergy member, or caregiver exploiting a position of authority or trust. That repeated pattern, enabled by that power, is what sets many abuse situations apart from a one-time assault.
Sexual Abuse vs. Sexual Assault: Key Differences at a Glance
| Sexual Assault | Sexual Abuse | |
|---|---|---|
| Scope | Broad umbrella term | Specific statutory offense |
| NY statute | No single statute; Article 130 overall | PL §§ 130.55, 130.60, 130.65 |
| Penetration required? | Varies by specific offense | No — contact is enough |
| Duration | Often a single incident | Often a pattern over time |
| Power dynamic | Not required | Frequently involves authority or trust |
| Who it typically involves | Adults, strangers or known persons | Often authority figures and those in their care |
Why the Difference Between Sexual Abuse and Sexual Assault Matters in a Civil Case
In criminal court, the distinction between degrees affects charges and sentencing. In a civil lawsuit, survivors have more flexibility — and the difference matters in a different way.
The burden of proof is lower in civil court. A criminal case requires proof beyond a reasonable doubt. A civil case requires only a preponderance of the evidence — meaning it is more likely than not that the abuse or assault occurred. You can file a civil lawsuit even when no criminal charges were brought, or when a criminal case did not result in a conviction.
Both sexual abuse and sexual assault can form the basis of a civil claim. A survivor can sue the perpetrator for money damages — including compensation for physical injury, emotional harm, therapy costs, lost income, and pain and suffering.
Institutions can be held liable too. The lawsuit does not have to stop with the individual abuser. Schools, religious institutions, employers, hotels, and other organizations can be named as defendants when they:
- Knew or should have known that abuse was occurring
- Negligently hired, supervised, or kept an abuser in their organization
- Failed to respond to earlier complaints
- Created the conditions that let the abuse happen
The Child Victims Act and Adult Survivors Act opened specific time windows for survivors to bring older civil claims in New York. The Child Victims Act allows survivors of childhood sexual abuse to file civil lawsuits until they reach age 55. The Adult Survivors Act created a one-year look-back window (November 2022 – November 2023) for adult survivors. These laws recognized that survivors often do not come forward right away. If you are unsure whether your claim is still timely, speaking with an attorney is the right first step.
One example from The Orlow Firm's cases: a $2,750,000 recovery for siblings who were neglected, abused, and sexually abused in a foster home — an illustration of how institutional liability can result in significant civil recovery.
Prior results do not guarantee a similar outcome.
Frequently Asked Questions About Sexual Abuse vs. Sexual Assault
Is sexual abuse the same as sexual assault in New York?
No. Sexual assault is a broad term covering all non-consensual sexual acts. Sexual abuse is a specific statutory offense under Penal Law Article 130, involving sexual contact — not necessarily penetration — without consent. All sexual abuse is a form of sexual assault, but not all sexual assault meets the definition of the specific statutory offense of sexual abuse.
Does sexual abuse require penetration?
No. Under New York law, sexual abuse involves "sexual contact" — touching of intimate parts — without consent. Penetration is not required. Offenses involving penetration, such as rape or criminal sexual act, are charged separately under different sections of Penal Law Article 130.
Can you sue for sexual abuse without a criminal conviction?
Yes. A civil lawsuit and a criminal case are separate proceedings. You can file a civil lawsuit even if the perpetrator was never charged, if charges were dropped, or if a criminal jury returned a not-guilty verdict. The civil burden of proof is lower than the criminal standard.
What is "sexual contact" under New York law?
Under Penal Law § 130.00(3), "sexual contact" means any touching of the sexual or intimate parts of a person for the purpose of gratifying sexual desire of either party, or for the purpose of degrading or abusing the person.
Can a child who was sexually abused sue as an adult in New York?
Yes. Under the Child Victims Act, survivors of childhood sexual abuse in New York can generally file civil lawsuits until they reach age 55. Additional look-back windows have also been available under New York law. The rules around timing are complex, and an attorney can tell you whether a claim is still viable given your specific situation.
Sources & Official Resources
New York Laws Cited
- NY Penal Law Article 130 — Sex Offenses (full article)
- PL § 130.00 — Definitions, including "sexual contact"
- PL § 130.55 — Sexual Abuse in the Third Degree
- PL § 130.60 — Sexual Abuse in the Second Degree
- PL § 130.65 — Sexual Abuse in the First Degree
Helpful Resources 6. New York State Bar Association — Child Victims Act Overview
Contact The Orlow Firm
If you or someone you care about experienced sexual abuse or assault in New York and want to understand your civil legal options, The Orlow Firm is here to help.
For over 40 years, our attorneys have represented survivors across Queens, Manhattan, Brooklyn, and the Bronx. We can walk you through what your options are, what evidence matters, and whether an institution shares responsibility for what happened.
If you are ready to learn more about pursuing a civil claim, visit our Queens sexual abuse lawyer page for a full overview of how these cases work.
Call (646) 647-3398 for a free, confidential consultation.
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