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, the recently-enacted Adult Survivors Act (ASA) also opens a one-year lookback period where the statute of limitations is suspended.

Contact us at Rheingold, Giuffra, Ruffo & Plotkin, LLP for a free consultation if you have questions about the new legislation and would like further clarification and compassionate guidance.

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. However, the recently-enacted ASA provides a temporary extension if the assault occurred more than three years ago.
• 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, extending the window for adult survivors of sexual assault to pursue a civil action. If a person was sexually assaulted after turning 18, the ASA establishes a one-year lookback window whereby the three-year statute of limitations is suspended. In other words, even if the statute of limitations had previously expired, survivors now have an opportunity to file before November 23, 2023.

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 loved.