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Bayview Correctional Facility Sex Abuse Survivors Can Now Seek Justice Thanks to Adult Survivors Act

11/29/22 Update: Levy Konigsberg has filed civil lawsuits on behalf of numerous former female inmates who were sexually abused while incarcerated at Bayview Correctional Facility.

Bayview Correctional Facility was a medium-security women’s prison formerly located at W 20th Street in Manhattan, directly across from Chelsea Piers. The facility was closed in 2012 after sustaining damage from Hurricane Sandy, but its legacy as a prison where female inmates were routinely subjected to sexual abuse by correctional officers lives on.

Now, survivors are stepping forward to make their voices heard.

If you were sexually abused as an inmate at NYC’s Bayview Correctional Facility, you may have grounds to pursue a sexual abuse lawsuit and obtain the financial compensation you deserve.

Levy Konigsberg is an award-winning trial practice that’s recovered more than $3 billion in verdicts and settlements for our clients. We’re known for representing survivors of sexual abuse, and we’re available to discuss how newly passed NY legislation may allow you to bring a claim against the institutions that failed to stop the rampant abuse and misconduct at Bayview – even if the abuse occurred decades ago.

Rampant Abuse at Bayview Correctional Facility

Numerous investigations and legal filings have confirmed that sexual abuse was a rampant problem at Bayview Correctional Facility.

  • In 1985, the Inspector General of the DOCS published a report detailing investigations into sexual abuse by male guards at Bayview that were initiated after a female inmate became pregnant. According to the report, six male guards and a sergeant were suspended without pay in 1983 and 1984 for “improper and unauthorized relationships with inmates, including sexual activity.” The report detailed many examples of sexual misconduct by male guards, including verbal harassment, failures to announce their presence in areas where women undressed, and coerced sexual contact using bribes or threats of disciplinary action. The report is evidence that rampant sexual abuse at Bayview dates back decades, and that prison officials knew about the abuse but failed to protect female inmates.
  • According to one federal survey, Bayview had the highest percentage of alleged incidents involving inmate sexual abuse by staff in the country in 2008 and 2009 when 12% of respondents reported sexual misconduct. That’s 5x greater than the national average (2.2%) for women’s prisons.
  • In a 2004 lawsuit against the New York State Department of Correctional Facilities (DOC), a former inmate was awarded $360,000 following claims that she had repeated sexual contact, including nonconsensual sex, with a prison guard who later impregnated her while she was incarcerated at Bayview in the late 1990s and early 2000s. The prison guard pleaded guilty to 3rd degree rape in a separate criminal case.
  • In a decision over a 2014 lawsuit brought by a former Bayview inmate who was repeatedly raped and impregnated by a corrections officer, the NY Court of Claims found the DOC guilty of negligent supervision after it did nothing to protect inmates despite knowing of several complaints against the officer and that the officer had a “propensity to engage in criminal sexual acts.” In a separate criminal case, the officer pleaded guilty to multiple counts of rape.

New York Law Now Allows Adult Survivors to Step Forward Years After Abuse

Thanks to new legislation, sexual abuse survivors in New York now have an unprecedented opportunity to seek justice and file civil lawsuits against entities that failed to protect them, even if the alleged abuse occurred decades ago.

These important measures include the New York’s Child Victims Act (CVA), which amended the statute of limitations for survivors of child sexual abuse and allowed for the filing of more than 10,000 cases in NY Courts, and the New York Adult Survivors Act, which was signed into law on May 24, 2022.

The NY Adult Survivors Act is of particular importance to Bayview Correctional Facility abuse survivors. That’s because it:

  • Applies to civil claims related to sexual offenses against persons over 18.
  • Creates a one-year lookback window during which survivors can file claims against wrongdoers and / or responsible entities, regardless of how long ago the alleged offense occurred.
  • Allows survivors to bring claims against not only abusers, but also institutions (such as an abuser’s employer) that failed to uphold duties to protect survivors due to negligence or an intentional act.

Sex abuse claims, like other civil lawsuits, are typically subject to a statute of limitations that bars victims from recovering compensation if a certain amount of time has passed since the abuse occurred. With the passing of the NY Adult Survivors Act, however, survivors who’ve suffered abuse in the past and were not able to take legal action due to an expired statute of limitations will now have an opportunity to hold at-fault parties accountable and pursue the financial recompense they deserve.

Per the NY Adult Survivors Act, the one-year lookback window will begin on November 24, 2022 and end on November 24, 2023. If you think you have a potential claim involving sexual abuse at the Bayview Correctional Facility, we encourage you to bring your case to the attention of our attorneys as soon as possible. If you fail to file suit before the November 24, 2023 deadline, you will be forever barred from being able to bring a claim and recover compensation.

Support for Bayview Correctional Facility Sex Abuse Survivors

Levy Konigsberg is actively investigating claims of sexual abuse against Bayview inmates during its years of operation, including incidents that occurred in the 1990s. If you have a potential case and wish to learn more about your legal options, our attorneys offer FREE and confidential consultations.

Call (800) 315-3806 or contact us online to speak with a lawyer.

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fREQUENTLY ASKED QUESTIONS

Get Answers! 

  • Q:What years did Bayview Correctional Facility operate?

    A:The Bayview Correctional Facility was located in New York City in a structure that served many purposes throughout the decades before the Department of Correctional Services gained ownership of it in 1974. It operated as a woman’s prison until 2012 when Hurricane Sandy—technically a superstorm by the time it reached Manhattan—caused widespread damage to the aged facility.

  • Q:What are the sex abuse cases against Bayview Correctional Facility based on?

    A:The allegations of rampant sex abuse at Bayview Correctional Facility are backed up by concrete evidence. A federal survey found that nearly 12% of women there had reported sexual abuse, which is five times greater than the national average for women’s correctional facilities. Independent investigations from journalists, like one conducted by City Limits Magazine, were also instrumental in uncovering the shocking extent of abuse at Bayview. Prior lawsuits have also furthered the cases against Bayview for negligent supervision and management knowingly enabling the rampant and severe acts of sexual abuse.

  • Q:How many women were abused at Bayview Correctional Facility?

    A:It is not clear how many female inmates were sexually abused at Bayview Correctional Facility across the decades. Given that 12% of women reported that they were sexually abused in a federal survey, then it is likely that hundreds or thousands of female inmates were subjected to terrible mistreatment and sexual abuse there. Women were sexually abused, sexually assaulted and otherwise forced or coerced into engaging in sexual acts with prison guards and correctional officers at Bayview. Under the law, an inmate cannot legally consent to any sexual activity with prison staff because of the clear differential in power between prison staff and an inmate.

  • Q:Why is important for Bayview Correctional Facility survivors to come forward now?

    A:The New York Adult Survivors Act has created a brief lookback window for female inmates to take action against Bayview Correctional Facility for sexual assault and abuse. The window closes on November 24, 2023. It is crucial to take action during that time because it won’t be possible after. The more claimants/plaintiffs who come forward now, the stronger each case can become. This is the only way the abuser and Department of Corrections will be held fully accountable and all survivors can receive maximum financial compensation.

  • Q:How can the Adult Survivors Act help women who were sexually abused at Bayview Correctional Facility?

    A:Filing a lawsuit against the government is usually subject to a strict statute of limitations. The Bayview Correctional Facility closed in 2012, so it would normally be impossible to take a claim against it. The New York Adult Survivors Act made a one-year lookback window to allow claims that otherwise would have been barred. It begins on November 24, 2022, and ends on November 24, 2023. This is the only opportunity that Bayview survivors of sexual abuse will ever have to file a legal claim and seek money damages for compensation.

  • Q:How do I file a case based on sexual abuse at the Bayview Correctional Facility?

    A:Taking a case against the government is can be risky and complicated if you don’t have experienced lawyers working for you. If you want to simplify the process, and work with attorneys who care about your case and will fight for you, please contact Levy Konigsberg today to speak with our Bayview lawsuit attorneys. We can determine if you have a claim based on the details of your situation and the sexual abuse you suffered while an inmate there. We are caring, passionate lawyers who strongly advocate for our clients to receive the maximum amount of compensation available.

Were You Sexually Abused While Incarcerated Inside Bayview Correctional Facility In Manhattan?

YOU MAY BE ENTITLED TO SUBSTANTIAL COMPENSATION
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