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

Can I Report Rape Years Later?

Answers from Trusted New York Attorneys

According to the nation’s largest anti-sexual violence organization, RAINN, more than two out of every three sexual assaults go unreported. Rape survivors often hold back from speaking out because they fear their attacker or think that they won’t be believed. For others, it takes years to process their experience and gain the courage to share what happened.

You can still report rape even if you were a victim of a sexual assault years ago. Our New York sexual assault victims’ lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP can help you navigate the justice system and pursue claims in civil court.

Criminal vs. Civil Charges

It is important to understand the distinction between criminal sexual assault and civil sexual assault and which may apply to your situation.

Rape is a form of sexual assault and is a crime in the state of New York. A criminal rape case is brought by the state. The role of the victim(s) in a criminal case is to serve as a witness.

The purpose of a criminal case is to determine a defendant’s guilt or innocence. They are presumed innocent until proven guilty “beyond a reasonable doubt.” Possible penalties for a rape conviction include probation, jail time and registration on the state’s list of sex offenders.

A civil rape case is handled by the plaintiff and their New York sexual abuse and assault attorneys. The plaintiff and attorneys determine the type of evidence presented and what types of damages to seek.

Instead of suing the defendant for “sexual assault,” civil cases are brought on charges ranging from assault and battery to false imprisonment and intentional infliction of emotional distress. In a civil rape claim, the plaintiff must prove the defendant is at least 51 percent responsible for damages.

A defendant who is found liable may be required to pay damages to the plaintiff(s) including:

Medical expenses
Lost income
Emotional distress
Legal fees

Although a criminal conviction is not required to proceed with a civil lawsuit, it helps bolsters your case if the person who assaulted you is found guilty of rape.

Send us a message or call (212) 684-1880 for a free consultation with our skilled and compassionate attorneys.

Liability in Civil Rape Claims

It is possible to hold multiple parties accountable in civil lawsuits. Even if a third-party person or organization did not commit your assault, you may sue them along with the perpetrator if they allowed the assault to happen. For example, employers, schools, churches, and security companies who fail to uphold their duty to protect others may be responsible for damages.

Statute of Limitations Differences

Fortunately for sexual assault survivors in New York, recent legislative changes have increased the time they have to seek justice.

The Child Victims Act (CVA), passed in 2019, gives victims of childhood sexual abuse until the age of 55 to take civil action. However, this legislation is not retroactive and does not apply to abuse that occurred prior to the passage of the CVA.

The Adult Survivors Act (ASA) applies to sexual assault survivors who were over the age of 18 at the time of their rape. It gave them a one-year window to file a civil case which closed on November 23, 2023. After the closure of the lookback window, rape survivors are now subject to statutes of limitations for civil claims, which vary depending upon the charges. Beginning in 2019, the statute of limitations for most civil adult sexual abuse or assault cases was extended to 20 years.

Finally, the Victims of Gender-Motivated Violence Protection Law (VGMVPL) extends the time victims of gender-based violence in New York City have to file a claim. As of March 1, 2023, the lookback window to file a claim for past offenses was extended two years, giving victims until March 1, 2025, to commence a civil lawsuit. It also extends the statute of limitations from seven to nine years.

The statute of limitations for criminal rape charges depends on the degree of the crime. However, there is no limit to file charges for first-degree rape or predatory sexual assault against a child in New York State.

Resources for Rape Survivors

Support is always available for victims of sexual assault and sexual abuse. Here are some local and national resources for survivors of all ages:

Schedule a Consultation to Discuss Your Case

New York sexual assault lawyers with Rheingold Giuffra Ruffo Plotkin & Hellman LLP know it takes immense courage to report rape and hold sexual abusers accountable. We explore all available legal remedies to achieve justice under the law.

A free and confidential consultation is the best way to discuss your case and determine how long you have to act. For many adult survivors of abuse, that opportunity closes in November 2023. Call or connect online to get started. Our legal team is proud to advocate for clients across the five boroughs of New York City and throughout New York State.

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