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

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.

Contact us if you have questions about the new legislation and would like further clarification and expert guidance.

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

The New 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 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

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.