how to word sexual assault damages in small claims NYC?

[hermes123]

What is the name of your state (only U.S. law)? New York

I was sexually assaulted by my ex-boyfriend a year ago. I didn't call the police on him at the time because I didn't want to go to criminal court, and because I was afraid of what he'd do to me. We broke up and I started attending therapy for PTSD. I have not been able to work much since then. I filed a small claims court charge against him. I hope he can help me make up the cost of my therapy and lost wages. My court date is in one week.
I have my therapy costs and diagnosis of PTSD documented in letters from my therapist, and that I stopped working and missed work documented in a letter from my job. What charges do I say about my ex to the judge? Negligence, assault, battery, and unlawful imprisonment are charges that seem about right to me, but I don't know how to word this to the judge. Is it okay to say he sexually assaulted me, or will the judge throw out my case because sexual assault is a criminal charge, not a civil charge? Any suggestions of how to word my case successfully so I'm pressing a civil charge, not a criminal charge, and have a hope of success in court, would be appreciated.

 

[Ohiogal]

What is the name of your state (only U.S. law)? New York

I was sexually assaulted by my ex-boyfriend a year ago. I didn't call the police on him at the time because I didn't want to go to criminal court, and because I was afraid of what he'd do to me. We broke up and I started attending therapy for PTSD. I have not been able to work much since then. I filed a small claims court charge against him. I hope he can help me make up the cost of my therapy and lost wages. My court date is in one week.
I have my therapy costs and diagnosis of PTSD documented in letters from my therapist, and that I stopped working and missed work documented in a letter from my job. What charges do I say about my ex to the judge? Negligence, assault, battery, and unlawful imprisonment are charges that seem about right to me, but I don't know how to word this to the judge. Is it okay to say he sexually assaulted me, or will the judge throw out my case because sexual assault is a criminal charge, not a civil charge? Any suggestions of how to word my case successfully so I'm pressing a civil charge, not a criminal charge, and have a hope of success in court, would be appreciated.

Judge will probably throw it out. If you didn't file a criminal complaint against him, you have nothing. Because there is no evidence boyfriend ever did anything to you.

 

[hermes123]

How to file a criminal complaint? Do I file a police report?

Judge will probably throw it out. If you didn't file a criminal complaint against him, you have nothing. Because there is no evidence boyfriend ever did anything to you.

How do I file a criminal complaint? Do I file a police report - and what do I say on the police report? I've heard if I use wording like "sexual assault" on the police report, he will be arrested and I will have to appear in court as a witness and be cross-examined, which can be re-traumatizing for someone with PTSD, and might exacerbate my symptoms.

I don't mind if he is arrested at this point (I used to want to not arrest him because I thought it wasn't loving for me to get someone arrested, but have become convinced that if he is dangerous to myself and other women who he cons, him being arrested is somewhat acceptable, to stop him from hurting women).

So I am considering filing a police report for "negligent assault" and giving the judge the police report number.
Would this work?

 

[quincy]

How do I file a criminal complaint? Do I file a police report - and what do I say on the police report? I've heard if I use wording like "sexual assault" on the police report, he will be arrested and I will have to appear in court as a witness and be cross-examined, which can be re-traumatizing for someone with PTSD, and might exacerbate my symptoms.

I don't mind if he is arrested at this point (I used to want to not arrest him because I thought it wasn't loving for me to get someone arrested, but have become convinced that if he is dangerous to myself and other women who he cons, him being arrested is somewhat acceptable, to stop him from hurting women).

So I am considering filing a police report for "negligent assault" and giving the judge the police report number.
Would this work?

You can file a report with the police stating the facts of the incident. The police will investigate your complaint. You do not have to "label" the incident. If charges come after the investigation, the charge will be based on the results of that and not on what you call it.

 

[hermes123]

follow up

You can file a report with the police stating the facts of the incident. The police will investigate your complaint. You do not have to "label" the incident. If charges come after the investigation, the charge will be based on the results of that and not on what you call it.

Thank you Quincy. I have a court date in a few days. Will the judge merit the police report, even though it'll still be under investigation at the time?

 

[Zigner]

Thank you Quincy. I have a court date in a few days. Will the judge merit the police report, even though it'll still be under investigation at the time?

The police report means nothing. It won't help you in civil court at all, particularly since you filed it AFTER you attempted to sue.
IF he is charged and convicted of the crime(s), you would have great evidence for a civil case. At this point you have nothing.

 

[quincy]

Thank you Quincy. I have a court date in a few days. Will the judge merit the police report, even though it'll still be under investigation at the time?

The fact that you filed a police report can be considered. How much weight a judge will give the report is a question mark but, because the report was made long after the incident and the investigation into the complaint is in its early stages, I would guess the report will not play a role in any decision.

I agree with Zigner.