Can I Report Rape Years Later?

Attorney Thomas Giuffra

“Sexual abuse cases, such as Harvey Weinstein and Sean ‘P. Diddy’ Combs, are not just about sex. They are about power, manipulation, and the control of another person; usually someone in a subordinate position. I have been representing survivors of such abuse for the majority of my legal career. I am proud to represent them and assist them in regaining their power, their dignity, and their lives.”

Thomas P. Giuffra, Partner

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Last Updated March 5th, 2026

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.

Resources for Survivors of Sexual Abuse​

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, allows survivors of childhood sexual abuse to file civil lawsuits until they reach age 55. The law also created a temporary revival window for previously time-barred claims, which has since closed.
The Adult Survivors Act (ASA) applied to survivors who were over the age of 18 at the time of the assault. It created a one-year revival window to file previously time-barred civil claims, which closed in November 2023. For certain adult felony sexual offenses, New York law now allows civil claims to be brought within 20 years of the offense.
The Victims of Gender-Motivated Violence Protection Law (VGMVPL) provides a separate civil cause of action for victims of gender-motivated violence in New York City. A prior two-year revival window closed on March 1, 2025. However, in 2026, the law was amended again to create a new 18-month revival window for certain gender-motivated violence claims that occurred before January 9, 2022. This window is currently open and is scheduled to close on July 29, 2027. Outside of revival windows, VGMVPL claims must generally be filed within seven years of the offense, with limited extensions in certain circumstances.
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.