Rikers Island Sexual Assault: Rights & Options
If you experienced sexual abuse at Rikers Island, you have legal rights and options, including eligibility to file a civil lawsuit to seek justice and monetary compensation for your harm.
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Author: Kathryn Kosmides
Survivor Advocate
Key Takeaways
- Over 800 lawsuits have been filed in the last few years against the New York City Department of Corrections over alleged sexual abuse at the Rikers Island complex.
- New York City has already paid out millions to individuals who experienced sexual abuse while incarcerated at Rikers Island, including $1.2 million and $500,000 settlements in the last few years.
- If you or a loved one has experienced sexual abuse by staff members at Rikers Island, you have legal rights and options, including the opportunity to report it to an oversight agency and the eligibility to file a civil lawsuit.
Rikers Island: Overview of Sexual Abuse Allegations
Over the years, hundreds of severe and pervasive sexual abuse allegations at Rikers Island. These sexual abuse allegations have been brought by all genders who were incarcerated at Rikers Island, including women housed at the Rose M. Singer Center, also known as the RMSC or Rosie’s.
As of today, over 719 sexual assault lawsuits seeking $14 billion in damages have been filed against the Department of Correction by female inmates housed at the Rose M. Singer Center on Rikers Island. The abuse allegations date back decades. These women were able to file their claims, regardless of how long ago the abuse occurred, due to the New York Adult Survivors Act and an amendment to the New York City Gender-Motivated Violence Act, or the GMVA.
The Adult Survivors Act amended state law to give victims of alleged sexual offenses a one-year window to file civil lawsuits for claims that were already time-barred. Meanwhile, the New York City Council passed an amendment to the GMVA in 2022 that implemented a similar look-back window for two years, allowing victims of sexual violence to file previously time-barred claims.
While the ability to file claims under the Adult Survivors Act has expired, individuals who experienced abuse at Rikers Island decades ago may still be able to file under the GMVA until March 1, 2025.
Examples of sexual abuse at Rikers Island include the following:
- Inappropriate or unnecessary strip searches
- Inappropriate touching
- Groping and fondling
- Sexual assault, including forced oral sex
- Rape
- Offers of extra food, drugs, perfume, or other items in exchange for sexual acts
- Retaliation for refusing sexual advances by staff, including disciplinary action
Sexual abuse often occurs in places with no cameras, such as kitchen fridges and cleaning closets. Additionally, multiple staff members often participate in the abuse at once. This creates an environment that normalizes the behavior and fosters complacency among the staff.
New York City has already agreed to pay victims of sexual abuse at Rikers Island millions of dollars over the decades. This includes a $1.2 million settlement with a female inmate who was raped by multiple guards at the Rose M. Singer Center and a $500,000 settlement with an alleged rape victim after a correctional officer pleaded guilty to a felony charge.
According to ongoing reporting by The Gothamist, several guards and staff members named as perpetrators in the pending lawsuits remain employed at Rikers Island. There has been a call for an independent investigation into Rikers Island sexual abuse. However, Mayor Eric Adams, who faces his own sexual assault allegations, has resisted. Instead, an internal investigation is being conducted by The New York City Law Department—the same agency defending the over 700 Rikers Island inmate sexual abuse lawsuits.
If you or someone you know has experienced sexual abuse at Rikers Island, you have legal rights and options. We’re here to help you fully understand these rights and move forward.
Legal Rights & Options for Those Impacted by Sexual Abuse at Rikers Island
Given the number of individuals who have already come forward, thousands of individuals have likely been sexually abused at Rikers Island over the past several decades. While many of these individuals have already filed suit over the abuse, many others have likely not yet reported the harm for a variety of reasons.
We understand that reporting sexual abuse perpetrated by staff members at Rikers Island can be incredibly daunting, but we are here to help you understand your options and, should you choose to move forward with reporting, help ensure your rights are preserved throughout these processes.
File a Complaint Against Rikers Island for Prison Sexual Abuse
To officially report sexual abuse at Rikers Island, a complaint can be filed directly with the facility. The New York City Department of Correction, which runs the Rikers Island facilities, provides information about submitting complaints. To file a complaint, you can contact the New York City Office of Constituent and Grievance Services via email at ConstituentServices@doc.nyc.gov.
This process should trigger an internal investigation into the incidents and individuals involved but will likely not result in criminal charges against the perpetrator.
We highly recommend writing a draft complaint before filing to ensure relevant information is captured, including the following:
- Date of incidents
- Time of incidents
- Names of individuals involved
- Any witnesses
- Any potential evidence, including video recordings
- Any people you told immediately following the incidents
- Any writings, such as journal entries you made regarding the incidents
If you have previously reported the abuse and an investigation did not occur, you may have additional rights and options. We recommend recording any and all communications with the NYC Department of Correction or Rikers Island employees regarding any investigations.
Please note: We highly recommend speaking with an experienced inmate sexual abuse lawyer before filing a complaint. They can ensure your rights are protected during this process. If you have already filed a complaint, you should still speak with an experienced attorney as soon as possible.
Report Rikers Island Sexual Assault to Law Enforcement
We understand you are likely afraid and hesitant to report a sexual assault by Rikers Island staff to the authorities since the perpetrators are a part of the law enforcement system.
However, reporting to law enforcement can result in a criminal investigation and charges against the perpetrator, such as what happened in the criminal case against Jose Cosme, a former guard at RSMC.
Before filing a report, we highly recommend contacting an attorney experienced in inmate sexual abuse cases. They can investigate, gather relevant evidence, and assist with reporting, including accompanying you when you report to protect your rights.
We can connect you with an attorney with prison sexual abuse experience. The lawyers we work with provide free consultations and can explain your rights and options, including the ability to report the abuse to law enforcement and the eligibility to file a civil lawsuit for inmate sexual abuse.
File a Rikers Island Sexual Abuse Lawsuit
Filing a sexual abuse lawsuit against Rikers Island and other relevant parties allows you to seek monetary compensation for the harm that happened to you.
You can pursue compensation for your damages resulting from the abuse, including the following:
- Past medical and mental health expenses, including therapy costs
- Future mental health expenses, including therapy, medications, etc.
- Lost income
- Lost earning capacity and economic opportunities
- Pain and suffering
- Emotional trauma
- Other economic and non-economic damages
- Punitive damages
You can file a complaint for inmate sexual abuse even under the following circumstances:
- The perpetrator was never criminally investigated or prosecuted.
- The perpetrator was found not guilty in a criminal case.
- The perpetrator is no longer employed at Rikers Island.
- The perpetrator is no longer alive.
If you want to learn more about this process, we can connect you with an experienced attorney who can provide a free consultation. If you choose to move forward with an inmate sexual abuse lawsuit, the attorney will represent you on a contingency fee basis, meaning there will be no upfront charges, and they only get paid if and when they recover compensation for you.
Rikers Island Sexual Assault Lawsuit FAQs
If you or someone you know has experienced sexual abuse while at Rikers, you likely have questions about your legal rights and options. We have compiled a list of commonly asked questions to help you in this process.
To get specific information related to your experience, contact us today.
How long do I have to file a civil lawsuit?
In general, those who experience sexual abuse only have limited time to file a lawsuit. A law known as the civil statute of limitations sets the deadline for filing suit. However, recent legislation has opened up a temporary window for all victims of abuse to file suit, regardless of when it was filed.
The New York Adult Survivors Act, enacted in 2022, amended state law to allow victims of sexual offenses to bring claims that were previously time-barred. The law opened up a one-year look-back window that expired on November 24, 2023.
However, amendments to the New York City Gender-Motivated Violence Act, or GMVA, have likewise opened up a look-back window for sexual abuse victims in the city with previously time-barred claims. Victims have until March 1, 2025, to file a civil lawsuit under the NYC GMVA.
After this period expires, survivors of sexual abuse will generally only have from three to nine years to file claims, depending on the circumstances. We recommend speaking with an attorney as soon as possible because it is harder to get the justice you deserve as time passes, even if you file before the statute of limitations expires.
Will people know I filed a Rikers Island sexual abuse lawsuit?
An experienced lawyer will likely be able to file your claim “under seal” to protect your identity. Under this process, you can file a claim as a “Jane Doe” or “John Doe.”
How much does it cost to file a Rikers Island sexual assault lawsuit?
An attorney experienced with inmate sexual abuse lawsuits generally takes these types of cases on a contingency fee basis, meaning there are no upfront charges for pursuing a claim. The lawyer only gets paid if and when they recover compensation for you. The law firm will deduct a pre-agreed percentage of the monetary award or settlement as their fee for representation.
What are the potential outcomes of a Rikers Island sexual assault lawsuit?
Sexual abuse lawsuits can provide justice and accountability for those impacted, including by creating a public record of the claims against the defendants. In addition, you may be entitled to compensation for your economic and non-economic damages.
Economic damages compensate for the financial losses, such as medical bills, therapy expenses, lost wages, lost income, and lost economic opportunities. Non-economic damages cover the more subjective impacts on your life, such as pain, suffering, emotional trauma, loss of enjoyment of life, and more.
Courts sometimes award punitive damages to punish the defendant for particularly egregious conduct and deter future harm.
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