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