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

New York's Child Victims Act

Our New York Sexual Abuse and Assault Attorneys are Here to Help

It is a sad truth that many instances of sexual abuse are never reported due to the shame, stigma, and emotional trauma attached to such crimes.

However, the lens through which society sees sexual assault is changing, and laws have too. As more people are coming forward with stories of abuse and offenders are being held accountable, legislative changes are making it possible for survivors to seek justice.

What Did New York’s Child Victims Act Do?

In New York, the Child Victims Act extended existing statutes of limitations on claims of childhood sexual abuse. Under this law, childhood survivors of abuse can now file lawsuits related to such crimes well into adulthood. At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we can help you achieve justice against the people liable for your suffering. While this legislation applies to cases that occurred in 2019 forward, there may be an opportunity to pursue civil claims for older cases if the abuse happened in New York, New York.

Victims of Gender-Motivated Violence Protection Law

While the VGMVPL is broader than sexual abuse, it has consequential impacts on the ability of survivors to file a civil sexual abuse claim. The VGMVPL applies to cases of gender-motivated violence that occurred in New York, New York, and extends the statute of limitations for victims of gender-based violence to file a claim. As of March 1, 2023, there is an open lookback window that lifts the statute of limitations to file a claim for past offenses, giving victims until March 1, 2025, to commence a civil lawsuit. Once the window closes, it also extends the statute of limitations from seven to nine years.

For a free and confidential consultation, send us a message or call (212) 684-1880.

For a free and confidential consultation, send us a message or call (212) 684-1880.

Sexual Abuse Statute of Limitations in New York

The Child Victims Act accounts for the difficulties many sexual abuse survivors face when attempting to recognize trauma and feel ready to report abuse.

With these considerations in mind, the state of New York extended the statute of limitations on cases of childhood sexual abuse to allow lawsuits to be filed until the survivor is 55 years old, beginning in 2019.

About Sexual Abuse Civil Claims

Civil lawsuits related to cases of sexual abuse provide a way to resolve your case outside of the criminal justice system. Rather than end in the offender going to jail or walking free, a successful civil lawsuit will end with you receiving compensation for the financial and non-economic damages you have suffered as a result of abuse.

Complete our contact form or call (212) 684-1880 to schedule a free consultation with our legal team.

Liability in Sexual Abuse Civil Claims

Through a civil lawsuit, it is also possible to hold people other than the person who committed the abuse accountable. Although you can also sue the perpetrator, many lawsuits related to cases of sexual abuse are filed against other parties that are liable.

This may include:

Employers
Security entities
Schools
Recreational organizations
Religious institutions
Businesses

While these parties may not have committed the abuse itself, they are still liable for in some way allowing the abuse to occur.

The defendant in a civil sexual abuse lawsuit may be a person or group in a position of power that allowed known abusers into their organization or failed to properly vet people, people who did not investigate claims and allowed abuses to continue, or other parties who were negligent in some way while abuses occurred.

We understand that no amount of money can ever truly provide a resolution for you. However, a settlement or payout can help to alleviate the financial impact of abuse. Payment through a civil lawsuit could cover the cost of therapy or other treatment methods used to address the effects of sexual abuse.

Contact Us for a Free Case Evaluation

Rheingold Giuffra Ruffo Plotkin & Hellman LLP can represent you in a civil lawsuit related to sexual abuse. Our NYC sexual abuse lawyers will guide you through the legal process and ensure you understand your rights during each step of the way. It is our goal to help and support survivors of sexual abuse in the legal system.

If you would like to speak with our sexual abuse and assault lawyers in New York, complete our contact form or call (212) 684-1880 to schedule a free consultation with our legal team.

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