On May 24, 2022, Governor Kathy Hochul signed the Adult Survivors Act (ASA). This legislation created a one-year lookback period–dating six months from the signing. It allowed sexual assault survivors–over 18 at the time of the attack–to sue their alleged abusers no matter when it occurred. The ASA temporarily bypassed the statute of limitations in New York for filing a civil sexual abuse lawsuit. Under this landmark legislation, survivors had until November 23, 2023, to file a lawsuit against the alleged perpetrator, as well as against employers or public or private institutions that knew or should have known about the sexual assault. See the list below. This “lookback window” has closed, however, the statute of limitations for some adult sexual abuse and assault cases has been extended to 20 years after the abuse occurred. “In 2019, New York extended the statute of limitations to 20 years for adults filing civil lawsuits for a select number of sex crimes. However, that legislation only affected new cases and was not retroactive.” Institutions that may be held liable include: Colleges and universities Healthcare providers Hospitals Prisons or jails Religious institutions

Child Victim’s Act of 2019

Sexual abuse destabilizes a child. Scars caused by psychological and emotional trauma may never truly heal. It can take decades for a child to process it. Before the passage of the Child Victim’s Act of 2019 (CVA), the statute of limitations for child sex abuse survivors to file a lawsuit against their abuser was one to five years after turning 18. The CVA extends the statute of limitations so that survivors may file civil lawsuits against their abusers until they reach the age of 55. As with the ASA, survivors can file claims against institutions that should have been aware of the abuse. The CVA is like the ASA in that it created a one-year lookback period enabling child sexual abuse victims unable to sue under the old law to file civil claims against the perpetrators. Nearly 11,000 suits were filed by the deadline of August 14, 2021. The New York Child Sex Abuse Lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP can help you receive the justice you deserve.

Liability in Sexual Abuse and Assault Cases

In cases of sexual abuse and assault, the person who commits the offense can face criminal charges and civil liability. However, it is also possible — and common — for the negligence of others to allow abuse and assault to occur. Businesses and entities that do not implement adequate security measures do not conduct extensive background checks of their employees, or fail to respond to reports of sexual abuse and assault can be held liable for incidents that result from their negligence. Lawsuits can be filed against these parties to recover damages. The following entities can be held liable for sexual abuse and assault in civil court: Schools and universities Businesses Workplaces Religious institutions Places of residence

New York Sexual Abuse and Assault Statute of Limitations

Sexual abuse and assault claims must be filed within a certain amount of time. The statute of limitations is a law that establishes that timeline. Adherence to the statute of limitations is crucial in order for a claim to be approved. In the state of New York, victims of childhood sexual abuse and assault can file lawsuits against offenders and liable third parties until they are 55 years old.

Sexual Assault Lawsuit Filed Against

Harvey Weinstein

Sexual Assault Lawsuit Filed Against

Dr. Robert Hadden

Sexual Assault Lawsuits Filed Against

Dr. Darius Paduch

Sexual Assault Lawsuits Filed Against

Corporations

Sexual Assault Lawsuits Filed Against

Schools & Universities

Sexual Assault Lawsuits Filed Against

Churches

Sexual Abuse and Assault

NYC Lawyers for Rape Victims

Civil Liability Claims Against Perpetrators and Other Responsible Parties

Although many may be familiar with how sexual assault cases proceed in the criminal justice system, many people do not know that cases of rape and sexual assault can be presented in civil court as well.

Filing a civil lawsuit provides another way to seek justice in the aftermath of sexual assault and, depending on the case, could yield substantial amounts of compensation for the survivors of sexual abuse. In cases involving workplaces, hospitals, schools, churches or other third parties, these entities may also be held accountable for their possible negligence.

Rheingold Giuffra Ruffo Plotkin & Hellman LLP has extensive experience handling high-profile civil sexual assault cases in New York. Our attorneys offer empathetic, professional and personalized representation on our clients’ behalf as we believe every case requires individualized attention and resources. Our experienced New York sexual abuse and assault attorneys, led by the renowned Thomas P. Giuffra, invite you to call our firm or send us a message to discuss your case confidentially and at no cost.

To schedule a free consultation with our legal team, complete our contact form or call (212) 684-1880.

Filing a Lawsuit for Rape and Sexual Assault

If a sexual assault case is tried in criminal court and the offender is convicted, the outcomes may include:

Imprisonment
Fine payments
Community service
Probation
Sex offender registration
And other penalties

In civil cases, the goal of legal action is to compensate victims for damages.

By filing a lawsuit, you can recover compensation for:

Medical bills
Therapy expenses
And other damages
Payment for non-economic mental and emotional damages.

Lawsuits can be filed against the person who committed assault, as well as negligent third parties.

Third-Party Liability for Rape and Sexual Assault

One purpose of filing a lawsuit in relation to a sexual assault case is to hold responsible third parties accountable for their negligence.

Although the actions of a perpetrator are ultimately the cause of rape and sexual assault, it’s possible that an incident could have been prevented if other parties had intervened.

For example, a security guard could be held liable for failing to take proper security measures at a place of business.

Or, a university could be held liable for failing to investigate reports of rape and sexual assault on their campus. These parties could be ordered to pay damages through a civil lawsuit.

People and entities that may be held liable for damages in a civil sexual assault case may include:

Security guards/security companies
Businesses
Workplaces
Religious organizations
Schools, colleges, and universities
Apartments/housing complexes
Sports leagues, clubs, and other recreational organizations

How Will A Criminal Case Affect My Lawsuit?

If you choose to file a lawsuit related to an instance of rape or sexual assault, it’s possible that the perpetrator will also be facing criminal charges.

The criminal trial and the civil lawsuit are two separate cases and will operate as such. The criminal case may not have any effect on your lawsuit at all, and vice versa.

A conviction of the offender can substantiate a civil case, however, there is no guarantee that either case will impact the outcome of the other.

Rape and Sexual Assault Statute of Limitations in New York

Sexual assault lawsuits must be filed within the statute of limitations to be accepted. The statute of limitations is an established period of time in which a case is considered viable in the court system.

Lawsuits that are filed outside of the statute of limitations will likely be denied. In the state of New York, the statute of limitations for most adult civil sexual assault lawsuits is 20 years.

Currently, there is an open lookback window for survivors whose abuse took place in New York, New York. This window of lifted statute of limitations is the result of the Victims of Gender-Motivated Violence Protection Law, passed in 2000. The lookback window will close on March 1, 2025.

Free Case Evaluations Available

The Rheingold Giuffra Ruffo Plotkin & Hellman LLP legal team can assist you if you would like to file a sexual assault lawsuit in the state of New York.

Send us a message or call (212) 684-1880 for a free consultation with our New York sexual abuse and assault attorneys.