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

What is the Statute of Limitations for Sexual Assault in New York?

NYC Attorneys for Sexual Abuse Civil Cases

For survivors of sexual assault in New York who were under 18, and before the Child Victims Act (CVA) was passed on January 28, 2019, the statute of limitations expires when they turn 23. If the abuse or assault happened after the CVA was passed, the survivor has until they are 55 to file a claim.

For adult survivors, the statute of limitations in New York is generally three years. However, legislation passed in 2019 allows most adult survivors of sexual abuse and assault a 20-year statute of limitations.

For survivors whose abuse occurred in New York City, the Victims of Gender-Motivated Violence Protection Law (GMVPL), may be a path to file a civil claim with a lifted statute of limitations. This lookback window mirrors the Adault Survivor Act and is set to expire on March 1, 2025. The GMVPL is “a Local Law to amend the administrative code of the city of New York, in relation to creating a two-year look-back window to the gender-motivated violence act, and extending its statute of limitations.”

Meet Our Experienced Sexual Abuse Attorney

Our firm filed numerous civil claims under the Adult Survivors Act and we encourage victims of abuse in NYC to discuss their case with our skilled team. We pride ourselves on the individualized attention that is given to each case. Civil sexual abuse cases are handled by our internationally recognized partner, Thomas P. Giuffra, who has represented clients in high-profile cases such as those against Harvey Weinstein. Attorney Giuffra is currently investigating cases against Sean “P. Diddy” Combs.

For a free and confidential consultation with our legal team, complete this form or call (212) 684-1880.

Recent New York Legislation

As noted above, survivors in New York have been given an opportunity to file lawsuits against the perpetrators, even if it would normally violate the statute of limitations.

For survivors of abuse that took place in New York, New York, there is currently an active lookback window that lifts the statute of limitations on civil claims. This lifted statute of limitations is available under the 2000 Gender-Motivated Violence Protection Law. The lookback window will close on March 1, 2025.
For adult survivors of sexual assault, the statute of limitations in New York is generally three years. This applies to cases that occurred before 2019. However, the Adult Survivor Act (ASA) provides an extended statute of limitations of 20 years if the abuse occurred after 2019.
For survivors under 18 at the time of the assault and before the CVA was passed on January 28, 2019, the statute of limitations expires when they turn 23.
If the sexual abuse or assault of a minor occurred after the CVA in New York was passed, then the survivor has until they are 55 to file.

Extended Deadline for Filing Sexual Abuse Claims in New York

Victims of Gender-Motivated Violence Protection Law (New York, New York)

This broad legislation supports victims’ right to pursue civil claims against perpetrators and liable parties who acted violently because of gender-motivated reasons. The VGMVPL extends the time victims of gender-based violence 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.

Adult Survivor Act

On November 24, 2022, the Adult Survivors Act (ASA) in New York went into effect, which extended the window for adult survivors of sexual assault to pursue a civil action. If a person was sexually assaulted after turning 18, the ASA established a one-year lookback window whereby the three-year statute of limitations was suspended. In other words, even if the statute of limitations had previously expired, survivors had an opportunity to file before November 23, 2023. The window for the lifted statute of limitations has now closed. If you have questions regarding the time limits for filing a case, please contact our office.

Types of Damages Survivors May Pursue

Sexual assault survivors in New York may be eligible to receive economic and non-economic damages. Examples of these types of damages that are commonly pursued include the following:

All medical bills, which would include psychological therapy.
Lost wages for the past and future times you were forced to miss work due to your injuries.
Loss of earning capacity fills the gap between what you made prior to the assault and what you are making now after experiencing this trauma.
Physical and emotional pain and suffering.
Loss of companionship, as many survivors’ close relationships may suffer due to the assault.
Loss of enjoyment of life, as it may be difficult for survivors to enjoy the things they normally love.

Why Seek Compensation

If you are a survivor of a sexual assault, then you have likely sustained significant physical, emotional, and financial trauma. While the legal system cannot undo what happened, it can help you achieve justice in the form of monetary compensation and hold your abuser accountable. This may provide peace of mind, some semblance of closure, and a genuine opportunity to rebuild your life.

Our New York sexual abuse and assault attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman, LLP suggest that you consult with an experienced lawyer as soon as possible to learn about your legal rights and whether or not you are eligible to file a claim.

Contact Us for a Free Consultation

Our New York sexual abuse lawyers have been fighting for justice on behalf of injured victims for more than half a century. We have recovered over $2 billion in jury verdicts and settlements on behalf of our clients.

If you have questions about the statute of limitations for sexual assault in New York, call today to schedule a free consultation; there is no obligation to hire us afterward. And since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. We look forward to hearing from you.

Call (212) 684-1880 or complete our contact form to schedule a free consultation with our sexual abuse and assault survivor lawyers in New York.