The Sins of a Teacher

Posted on Friday, June 26th, 2020 at 6:29 pm    

The Sins of a Teacher

It is important to know that a pedophile by definition is a person, who is sexually attracted to children. Often a pedophile will seek employment in a position that involves daily contact with children. The pedophile will prey on the shy or troublesome children and those who come from broken or single parent homes. Generally, the pedophile has an attraction to one gender. In fact, this is the case in two suits that we have filed against the Salamanca City School District and Michael DuPont.

Sexual assault and abuse knows no age, sexual orientation, gender identity, race or gender. It can happen and does happen to anyone. Men and boys who have been sexually assaulted or abused may have many of the same feelings and reactions as other survivors of sexual assault, but they may also face some additional challenges because of social attitudes and stereotypes about men and masculinity.

Michael DuPont is a former science teacher at Salamanca Middle/High School who was convicted and incarcerated for sexual crimes he committed against several teenage boys at the school. He is currently on New York State’s Sex Offender Registry. We represent two of his victims and have brought suits against him, along with his employer the Salamanca City School District, for sexual assault that occurred from 2002 through 2003. Both victims endured the same abuse at the hands of Michael DuPont, in fact they were targeted by DuPont. As stated in our complaints, DuPont developed a questionnaire at the beginning of the school year to determine the backgrounds of students and learn such things as whether the children came from broken or single-parent homes. Both victims filled out the questionnaires and they fit the stereotype of student that DuPont preyed on.

DuPont began his campaign to manipulate both plaintiffs and showered them with lots of attention so that they could begin to trust him. For one plaintiff DuPont made personalized CD’s with the student’s favorite music and gave him special privileges in the classroom. For the other, DuPont took him to the movies and to get ice cream and even allowed plaintiff to take DuPont’s personal lap top home since he didn’t have a computer at home. Once trust was built, DuPont started to show the boys pornography at school featuring young boys engaged in sexual acts on the school’s premises.

The attorneys at Hach & Rose understand how sensitive it is for male survivors of sexual abuse to come forward and tell their story. Men who were sexually abused as boys or teens may also respond differently than men who were sexually assaulted as adults. While not a complete list, male survivors of sexual abuse and assault tend to experience the following:

  • Anxiety, depression, post-traumatic stress disorder, flashbacks, and eating disorders
  • Avoiding people or places that remind you of the assault or abuse
  • Concerns or questions about sexual orientation
  • Fear of the worst happening and having a sense of a shortened future
  • Feeling like “less of a man” or that you no longer have control over your own body
  • Feeling on-edge, being unable to relax, and having difficulty sleeping
  • Sense of blame or shame over not being able to stop the assault or abuse, especially if you experienced an erection or ejaculation
  • Withdrawal from relationships or friendships and an increased sense of isolation
  • Worrying about disclosing for fear of judgment or disbelief

At Hach & Rose, LLP, we are committed to achieving that justice. We will work thoroughly and passionately to represent those who felt they could not protect themselves. If you or a loved one has suffered from any form of sexual assault, it is crucial to act now. Do not hesitate to contact the New York sexual abuse lawyers at Hach & Rose, LLP today at (212) 779-0057. Our compassionate, caring, and experienced attorneys will work diligently to uncover whether criminal charges, a civil lawsuit – or both – can be filed against the perpetrator or negligent third party who is responsible for the abuse and its damages to you.


Opening Up to Someone About Abuse

Posted on Friday, June 26th, 2020 at 6:25 pm    

Taking the First Step: How to open up to someone about your abuse

In our society it has been “taboo” to discuss matters of a sexual nature, in particular childhood sexual abuse. Whether you had feelings about your own sexuality or feelings of a sexual nature toward someone else, these things were just not discussed.
But what happens when someone you thought you could trust, or were supposed to trust, breaks a boundary and touches you in a way that makes you feel uncomfortable or uneasy? What happens when someone forces themselves on you sexually and takes advantage of your naivety and controls you by putting the fear in you?

What happens if you’re so confused, you do not know what to think? Sexual assault is in no way related to the sexual orientation of the perpetrator or the survivor, and a person’s sexual orientation cannot be caused by sexual abuse or assault.
As a child you do not understand why this person is acting this way toward you or making you do things that you know nothing about. As a child, you do not know how to stand up for yourself and make your abuse stop. So instead, you begin to question yourself, “Did I do something wrong?” “Did I deserve this?,” “I know them so it must be ok, right?” The answer is always “NO”. No, you didn’t do anything wrong. You didn’t deserve it and it’s not ok! As a victim of child sexual abuse, you feel apprehensive that no one will believe you, in fact you were even told by your abuser that no one will ever believe you. So, what do you then? For too long, survivors of childhood sexual abuse kept their secret inside until it burned a gaping hole in their stomach. For too long, survivors of sexual assault lived through their life being turned upside down. Thankfully, new laws are allowing these survivors to come forward and pursue the justice they deserve.

When a survivor speaks up for herself and takes the first step by telling someone about the abuse, that person begins to heal. It may seem like a small step but to a victim of child abuse it seems nearly impossible to do. Victims of sexual abuse are constantly burdened by the feelings of shame and embarrassment. It’s very common for these victims to hide the truth from their families and loved ones. It becomes very challenging to trust again so it’s simpler to just bottle it up. Fear of being judged is another reason why victims do not speak up.

What is vital to understand is that no one will judge you for what happened to you when you were an innocent child. A true confidant will only listen and help you get through your traumatic experience. As a victim of childhood sexual abuse, it is extremely beneficial to the mind and soul to have someone by your side. That support will empower you and give you the strength and courage you need to overcome this trauma that you experienced. You are not alone in this. Unfortunately, there are countless victims of sexual abuse in our society and they know exactly what you’re going through. Living with this dark secret can really affect your future and hinder your ability to make the right choices. When you work through the trauma early on, it can shape your future in a positive way. It brings down barriers that seemed impossible to break down.

At Hach & Rose, LLP, we are committed to achieving that justice. We will work thoroughly and passionately to represent those who felt they could not protect themselves. If you or a loved one has suffered from any form of sexual assault, it is crucial to act now. Do not hesitate to contact the New York sexual abuse lawyers at Hach & Rose, LLP today at (212) 779-0057.  Our compassionate, caring, and experienced attorneys will work diligently to uncover whether criminal charges, a civil lawsuit – or both – can be filed against the perpetrator or negligent third party who is responsible for the abuse and its damages to you.


OHEL- more like Oh Hell

Posted on Wednesday, June 17th, 2020 at 7:29 pm    

Since the New York State Legislature passed the Child Victims Act in late January 2019, our Firm has filed numerous cases on behalf of survivors of sexual abuse. Many of the defendants that have been named in these suits are organizations and institutions that were supposed to protect children, unfortunately they failed at the one thing they promised to do.|

Among these defendants is the OHEL Children’s Home and Family Services located in Brooklyn, New York. As stated on their website, OHEL claims that it “is the most trusted haven of safety and support, providing services that help build lives, and strengthen families, homes and communities” but they did not provide safety for many children in their care including our client. In fact, they were negligent and did not protect children from their own staff members. Our client, as alleged in his complaint, was abused by the infamous Simcha Adler who worked as a counselor at OHEL. We say infamous because this is not the first allegation of sexual misconduct with a minor for Adler.

In fact, Simcha Adler was arrested and convicted for his criminal acts. You will find Simcha “Stephen” Adler’s name listed on the Jewish Community Watch’s “Wall of Shame” and on the New York State Division of Criminal Justice Services’ “Sex Offender Registry.” Simcha Adler used his position as a counselor, employed by OHEL, to groom and sexually abuse innocent children, including our client, that were placed in OHEL. When our client was 9 years old, he was placed in OHEL Children’s Home in Borough Park, Brooklyn. While there, he met Simcha Adler who was a counselor. As alleged in the complaint, when our client was 10 years old, Simcha started to pay extra special attention to him and would treat him to the movies and bowling. That led to inappropriate touching which eventually led to Adler forcefully sodomizing our client. After the second rape, our client reported Adler to the house mother who took no immediate action. OHEL ignored the complaints against Adler for more than a year. OHEL made it a priority to minimize the severity of Adler’s heinous behavior and just “swept it under the rug.”

Our client’s childhood was stolen from him by a pedophilic predator and irreparable damage has been done. Now our client has the opportunity to fight for his dignity and regain some shred of hope that he lost long ago when he was sexually abused at OHEL Children’s Home. Victims and survivors of sexual assault should persevere, and continue to fight for the justice they deserve. The first step a victim can take to achieve justice requires you to immediately consult and hire a knowledgeable, compassionate and dedicated attorney who knows how to aggressively protect your rights.

At Hach & Rose, LLP, we are committed to achieving that justice. We will work thoroughly and passionately to represent those who felt they could not protect themselves. If you or a loved one has suffered from any form of sexual assault, it is crucial to act now. Do not hesitate to contact the New York sexual abuse lawyers at Hach & Rose, LLP today. Our compassionate, caring, and experienced attorneys will work diligently to uncover whether criminal charges, a civil lawsuit – or both – can be filed against the perpetrator or negligent third party who is responsible for the abuse and its damages to you.


Child Victims Act: What It Is and Why It’s Important

Posted on Tuesday, March 31st, 2020 at 3:41 pm    

Despite becoming effective in August 2019, many people still haven’t heard about the Child Victims Act that New York Governor George Cuomo passed over a year ago. It’s a groundbreaking new law that extends the deadline for childhood sexual abuse victims to bring criminal charges against their abusers.

The three main elements of the Child Victims Act are:

  • Allows a one-year “lookback” window to pursue civil action regardless of when the abuse occurred
  • Extends the statute of limitations for felony sex crimes until the victim turns 28 years of age
  • Allows those sexually abused as children to seek civil action against the abuser and institutions involved until the victim turns 55 years old

The deadline for the “lookback” window is going to expire in August 2020, and with the development of the COVID-19 pandemic, lawmakers are seeking an extension. Members of Congress and CVA activists discussed the lack of campaigns notifying people of the new law. That, along with the coronavirus stalling court proceedings across the country, an extension to the deadline is essential.

Governor Cuomo Open to Discussing an Extension

State lawmakers issued a statement earlier in March regarding the passage of the proposed CVA deadline extension. Cuomo had argued that the one-year window was plenty of time for victims to pursue legal action and file lawsuits. However, with COVID-19 shutting down businesses and interfering with court cases, lawmakers reopened the discussions.

Several New York Assemblywomen and a state Senator spoke from their own experiences with childhood sexual abuse. They said it’s difficult for most people to open up about their abuse, and sometimes it could take years before victims are willing to come forward with their allegations.

Even though the one-year window began in August 2019, there are still a lot of people who aren’t aware of the new law. The state of New York failed to issue campaigns notifying the public of their new rights under the Child Victims Act. Many don’t realize they’re allowed to file a lawsuit even though the original statute already passed. Others are having trouble seeking legal representation or can’t afford to hire a lawyer right now.

Now that COVID-19 is affecting ongoing lawsuits and preventing new ones from getting filed, lawmakers believe now more than ever that an extension is crucial. They want to give victims more time to seek the justice they rightfully deserve. Adding another year to the CVA could accomplish that.

Recent Lawsuits Filed Under the Child Victims Act

Four people accused a former teacher at Maine-Endwell School District of sexual abuse when they attended the school in 1970. In the lawsuits, the victims claimed that they reported the abuse to the principal, but there was no investigation performed or police complaints filed. The lawsuits cite negligence on the part of the school district for failing to investigate and report the alleged sexual abuse properly.

Another school district faces lawsuits from multiple survivors of sexual abuse. One of them alleged that between 1990 and 1991, an employee of the school repeatedly abused them sexually. The school provides education and housing for students with learning disabilities. All the survivors stated in their lawsuits that the school failed to prevent the abuse from occurring and gave their negligent employees access to minors.

Another individual filed a lawsuit that a camper and resident at Forest Lake Camp repeatedly sexually abused them over 45 years ago. During the ongoing abuse, the camp’s employees were given access to minor children. The survivor reported that no one did anything to stop the abuse from occurring, and the camp negligently hired abusive counselors.

A woman came forward accusing David Rockefeller’s chauffeur of molesting her when she was only seven years old. Her lawsuit states that Luis Oliveira sexually assaulted her in the living quarters she shared with her mother on the Rockefeller property. She said the family ignored warnings from other workers about the employee’s inappropriate behavior and failed to protect her.

In 1980, well-known author Marc Gafni allegedly molested a 13-year-old girl. The woman stated when she was 13, Gafni would sneak into her room and grope her over a period of nine months. Another woman filed a lawsuit against the author, claiming that he touched her against her will when she was 16 years of age.

Catholic Dioceses Face Allegations of Sexual Abuse

A majority of initial lawsuits filed under the Child Victims Act were against multiple Catholic dioceses throughout New York. Since the new law passed, there were hundreds of cases stating priests and other members of the church sexually abused children, and the number of cases continues to grow.

Initially, the Independent Reconciliation Compensation Program paid 79 victims a total of $11 million. There were lawsuits filed against 28 diocese employees, most of them being priests. A group of home workers and a janitor also faced legal action for their role in the sexual abuse of minors.

Due to the increasing number of allegations and compensation sought by all the victims, the diocese in both Buffalo and Rochester ended up filing for bankruptcy. They chose to go down the path of bankruptcy to protect them and redirect future cases to the bankruptcy court.

Stand Up to Your Abuser with Help from Hach & Rose, LLP

You deserve to pursue justice for the despicable actions of your abuser. No child should ever have to go through such a traumatic experience as sexual abuse. It causes devastating effects and can impact someone for the rest of their life.

Hach & Rose, LLP knows how difficult it is to discuss your experiences. We provide a safe and comfortable environment for our clients. We will treat you with compassion and understanding while reviewing the details of your case. It’s our mission to recover the maximum compensation owed to you for the horrible events you experienced as a child.

If you want to speak with one of our experienced lawyers, contact us today at 646-685-8045 to schedule a free consultation. There’s no risk to meet with us and receive valuable legal advice. We’ll advise you on your options and help guide you towards the decision that works best for you.


Child Victims Act and Statutes of Limitations

Posted on Tuesday, March 31st, 2020 at 3:31 pm    

For most survivors of sexual abuse, it’s emotionally and psychologically devastating to speak up about what happened. Many don’t come forward at all out of fear or shame. Some worry no one will believe them, or their attacker will retaliate in some way. Even if a victim of sexual abuse does decide to face their abuser, it could be too late to pursue legal action because of the statute of limitations.

A statute of limitations sets a deadline for individuals to seek compensation for an injury they suffered. A lot of sexual abuse victims are well past their state’s statute of limitations for childhood sex crimes. Even though they want to hold their abuser responsible for what they did years or decades ago, they can’t. They have to live with what happened to them and know they’re unable to seek justice.

New York Child Victims Act

ALERT: THE DEADLINE TO FILE CHARGES IS AUGUST 14, 2021. CONTACT OUR OFFICES NOW FOR A FREE REVIEWAL OF YOUR CASE!

In 2019, New York Governor Andrew Cuomo passed the Child Victims Act. It allows those who suffered sexual abuse as a child to come forward and file a lawsuit against their abuser. Under the new law, they have a one-year window to pursue legal action despite the statute of limitations.

In addition to the window, sexual abuse survivors can now file civil lawsuits until they turn 55 years old. It’s also possible to file criminal charges against alleged abusers until the victim turns 28 years of age.

Since this new law passed, thousands of individuals sexually abused as children filed lawsuits to have their day in court and face their attacker. There have been a surprising number of lawsuits filed against the Catholic dioceses throughout the state of New York. Some notable organizations also came under scrutiny, such as the Boy Scouts of America.

Who is Liable Under the Child Victims Act?

The law allows victims to pursue civil action against any party who participated in or knew about the sexual abuse. Even if someone didn’t perform abusive acts, if they knew it was happening and actively tried to cover it up, they could be held legally responsible.

Many lawsuits named priests, scout leaders, sports coaches, teachers, doctors, camp counselors, and professors. The entities that employed those individuals could face legal trouble for failing to stop the abuse from occurring or trying to hide it.

How the Child Victims Act Could Affect You

Children of sexual abuse usually lack the courage to speak out about what happened to them. They can’t remove themselves from their horrific situation or care for themselves. Many survivors feel a great deal of shame and aren’t ready to talk about it until a lot of time has passed. By then, the statute of limitations is up, and they can’t file a lawsuit.

This new law gives you time to retain a lawyer and prepare yourself for the battle ahead. You finally get to seek justice and hold the people responsible for what they did to you when you were a defenseless child. If you’re unsure of how to sue your abuser, you should seek legal representation.

An experienced lawyer will obtain all the sufficient evidence available and fight aggressively throughout your case. Even though no amount of money can take away what happened to you, it can punish the parties that caused you harm.

You Can Prepare Your Case Despite Court Closures

Even though the court system has come to a screeching halt, many lawyers are working with their clients to prepare a lawsuit in preparation for when courts resume operations. It’s never too early to hire a lawyer and discuss your options.

Even if you can’t file your lawsuit right away, you can prepare documentation and evidence for when the courts reopen. If it takes several months and you didn’t prepare, you lose all that valuable time and have to start from scratch. The deadline isn’t far away, and if Governor Cuomo doesn’t grant an extension, you’ll likely run out of time.

New York Dioceses File for Bankruptcy

After receiving hundreds of lawsuits citing childhood sexual abuse and assault, the Buffalo diocese had to file for bankruptcy. The volume of claims among the eight New York dioceses caused concern that bankruptcy was inevitable.

The first diocese to file for bankruptcy was in Rochester. They filed for Chapter 11 protection one month after the Child Victims Law became effective. They stated that it was the best way to protect their assets and pay settlements to the victims of sex abuse.

Let Hach & Rose, LLP Help You with Your Sexual Abuse Case

Were you the victim of childhood sexual abuse? Did you suffer severe physical or emotional damage because of it? If so, Hach & Rose, LLP can represent you and seek the justice you deserve.

Even if the events of your abuse took place decades ago, we’ll cite the Child Victims Act to pursue compensation from your abuser. We understand the pain you experienced and how tough it is to come forward. You won’t have to go through this alone. We have experience handling cases just like yours and will treat you with compassion and sensitivity.

At Hach & Rose, LLP, we believe it’s important to stand up to the person who caused you harm. You suffered long enough, and we’ll work hard to help you put this traumatic experience behind you.

Our lawyers have combined experience of over 100 years. We use all the resources at our disposal to ensure we win the maximum financial award available. To schedule your free consultation, call 646-685-8045, and we’ll discuss how to get you on the road to recovery.


What is the Child Victims Act?

Posted on Monday, March 16th, 2020 at 3:59 am    

The Child Victims Act (CVA) extends the statute of limitations for a survivor of child sexual abuse in criminal and civil cases in New York. This means there is now more time for a survivor of child sexual abuse to press criminal charges. And, in civil cases, the CVA extends the period of time during which a survivor of child sexual abuse can file a claim for money damages. The CVA also allows claims to be filed against institutions that may have been involved in the abuse. Judges will also receive special training in dealing with cases involving child sexual abuse.

If you believe you may have a claim, contact us immediately: 212-779-0057

Click here to read more.


Long-Term Health Outcomes of Childhood Sexual Abuse

Posted on Monday, March 16th, 2020 at 3:44 am    

The effects of sexual abuse in childhood can have a monumental and long-lasting impact. Just a few include stress, changes in the brain, and health issues.

Click here to read the article.


Witchcraft’ Doctor

Posted on Monday, March 16th, 2020 at 3:40 am    

The case of a psychiatrist who used tales of witchcraft and evil spirits to manipulate patients into sex could spur a change in Oklahoma law, criminalizing sexual exploitation of patients by therapists.

Read the full article here.


Vatican’s Choice of Bishop DiMarzio in Buffalo a ‘Sign of Trust’: Archbishop Pierre

Posted on Monday, March 16th, 2020 at 3:38 am    

You can never be too careful. It’s for reasons such as these that we must keep a watchful eye on who are children are with. This is just another reminder of the importance of being hyper-vigilant and involved in our children’s lives.

Click here to read the original article.


Harvey Weinstein’s Closing Argument: Women Need To Take Responsibility For ‘the Men They Flirt With’

Posted on Monday, March 16th, 2020 at 3:23 am    

In Harvey Weinstein’s trial, his defense attorney’s closing argument conveyed to the jurors that the prosecutors against him were acting like movie producers, with the story line focusing on a world where women had no choice. Weinstein’s lawyer argued that the prosecutors fabricated an elaborate, damaging story about a movie producer who was once very powerful man, as a way to get around the fact that they don’t have the evidence needed to prove the charges. Rotunno expressed to the jurors that Weinstein is an innocent man, and that this innocent man’s life depends on the jurors not being swayed by the prosecutions sinister tale. Rotunno urged the jury not to fall for this fictitious tale where women could not make their own choices.

Rotunno argued, “in their universe, women are not responsible for the parties they attend, the men they flirt with, the choices they make to further their own careers, the hotel room invitations, the plane tickets they accept, the jobs they ask for help to obtain,” of the messages they send. Rotunno is making her point by saying that the women are to blame for these heinous acts against them; it’s the women’s fault for being sexually assaulted and abused. These women had a “choice” as to whether they wanted to engage in sexual conduct with Mr. Weinstein, according to his defense attorney.

Rotunno further stated that the prosecutions fabricated story has resulted in the creation of a world that rids women of autonomy, common sense and responsibility. Weinstein’s defense attorney and co-counsel have illustrated the women as devious liars who were the masterminds behind their relationships with Mr. Weinstein. The team managed to reverse the narrative of the tycoon as a predator on its head. The defense barely touched on Weinstein’s character, apart from the fact that he was always willing to help his accusers when they came knocking.
There are numerous reasons as to why a survivor of sexual assault would stay in contact with their abuser. Often times, the survivors depend financially and/or emotionally on their abusers; they fear personal or professional retaliation, or; they blame themselves for the abuse. The previously stated reasons should not, however, allow any person to state that it is the women’s own fault for being a victim of sexual assault. Such a statement, as painted by Weinstein’s defense attorney, is a heinous, repugnant and immoral way to blame the victims. Rotunno went even further by arguing that one of the victims may have altered her story and memories of the alleged encounter with Weinstein in a “desperate attempt to gain attention and revive her acting career.”

In her closing arguments, Rotunno harped on the idea that memory is frail and thus, unreliable. She noted that Weinstein’s fate relies mainly on the testimony by the accusers of the accounts that allegedly transpired, which were sometimes incomplete or contradictory to what they had told investigators in the past. Rotunno asserted that the testimonies were driven by the interviews with investigators and media coverage, rather than the truth of what transpired.

Rotunno’s closing argument should be received by listeners and readers as nothing more than what it is; a sad, desperate and final attempt to cast doubt on the victim’s motive and intent for coming forward against Harvey Weinstein. Victims and survivors of sexual assault should persevere, and continue to fight for the justice they deserve. The first step a victim can take to achieve justice requires you to immediately consult and hire a knowledgeable, compassionate and dedicated attorney who knows how to aggressively protect your rights.

At Hach & Rose, LLP, we are committed to achieving that justice. We will work thoroughly and passionately to represent those who felt they could not protect themselves. If you or a loved one has suffered from any form of sexual assault, it is crucial to act now. Do not hesitate to contact the New York sexual abuse lawyers at Hach & Rose, LLP today at (212) 779-0057. Our compassionate, caring, and experienced attorneys will work diligently to uncover whether criminal charges, a civil lawsuit – or both – can be filed against the perpetrator or negligent third party who is responsible for the abuse and its damages to you.

Contact Hach & Rose, LLP right now at 646-685-8045 for a FREE, discreet consultation
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