In most cases, victims of childhood sexual abuse in New York have until their 55th birthday to file a civil lawsuit against the perpetrator of the abuse and any institutions that enabled it. Additionally, prosecutors typically have until the victim’s 28th birthday to file criminal charges against perpetrators. For survivors of adulthood sexual abuse, the time limit for filing a civil case is generally 20 years from the date of the abuse. However, there are exceptions to these rules.
For many survivors, it takes years to come to terms with the trauma of sexual abuse and feel ready to seek justice; many fear retaliation or feel shame about what they experienced. While statutes of limitations are important for preserving evidence and the integrity of court cases, survivors of sexual abuse often need more time to come to terms with what happened and take legal action. In New York, sexual abuse laws have drastically changed in recent years, particularly with the passage of the Child Victims Act and Adult Survivors Act.
What is a Statute of Limitations?
Statutes of limitations are laws that set the deadlines for filing a civil lawsuit and criminal charges. The civil statute of limitations sets the time limit for victims of sexual abuse to sue perpetrators and others responsible parties who enabled the harm. Meanwhile, the criminal statute of limitations imposes a deadline for prosecutors to file criminal charges. These limitations exist so that necessary evidence for cases remains available and reliable, defendants unfairly face indefinite legal jeopardy, and the court system does not become clogged with stale, decades-old claims.
Key Legal Changes in New York for Sexual Abuse Survivors
The Child Victims Act
In early 2019, the New York legislature passed the Child Victims Act, or CVA, opening the door for many survivors of childhood sexual abuse who previously had no legal recourse. The Act extended the statute of limitations for civil child sexual abuse lawsuits until the victim’s 55th birthday and created a temporary lookback window that allowed previously time-barred claims to proceed in court. Though originally slated as a one-year lookback window, the period was extended and lasted from August 2019 to August 2021.
The Child Victims Act provides that the statute of limitations for the criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23, instead of age 18 under the old law. Additionally, the Act adjusted the time limit for civil actions for sexual offenses against children, allowing victims to file until age 55, instead of age 23 under the old law.
The passage of the Child Victims Act resulted in a slew of childhood sexual abuse lawsuits filed in New York, many against public and private institutions like churches and schools. Because the lookback window allowed claims regardless of how long ago the abuse occurred, some lawsuits involve abuse dating back to the mid-1900s.
The Adult Survivors Act
Enacted in 2022, the Adult Survivors Act, or ASA, created a one-year revival window for survivors of adult sexual abuse to file civil lawsuits against the perpetrators of their abuse and the institutions that enabled it, regardless of when the abuse occurred. During the one-year lookback period, more than 3,000 civil lawsuits were filed.
In addition to passing the Child Victims Act in 2019, which created a temporary lookback window for survivors of childhood sexual abuse to file otherwise time-barred claims, New York also extended the statute of limitations for adult victims of select sex crimes to 20 years. However, that legislation is not retroactive and only applies to abuse that occurred after 2019.
What About Gender-Motivated Violence Cases in NYC?
The Victims of Gender-Motivated Violence Protection Law, or VGMVPL, enacted by the New York City Council in January 2022, empowered survivors of gender-based violence to initiate civil lawsuits against perpetrators of abuse and any institutions that may have enabled the abuse. The law created a two-year lookback window for survivors of gender-motivated violence, like sexual abuse, to file civil lawsuits. This window ended in March 2025, but survivors of gender-motivated violence still have a nine-year statute of limitations to file civil lawsuits under the law.
The VGMVPL is a related but separate law to the Child Victims Act and Adult Survivors Act, and survivors should consult a lawyer to determine whether their case is eligible. To qualify, the violent act or abuse must have occurred in New York City, and the survivor must have endured a physical or emotional injury as a result.
Do You Still Have Time to File a Sexual Abuse Lawsuit in New York?
Survivors of childhood sexual abuse in New York are typically eligible to file lawsuits until they turn 55. While the Adult Survivors Act’s lookback window has now closed for survivors of adulthood abuse, there may still be other options for pursuing justice. Consult an experienced sexual abuse attorney to learn whether discovery rules or other exceptions apply to your case.
As for criminal cases, some severe sexual abuse cases can still be prosecuted years later, depending on the circumstances of the case. For example, there is no time limit for prosecutors to file criminal charges for rape in New York.
What To Do If You’re Unsure About Your Legal Options
In New York, eligibility for filing a lawsuit under the state’s statutes of limitations can be complex, and timelines often vary based on age, type of abuse, and when the abuse was discovered. It’s critical to speak with an experienced, trauma-informed New York sexual abuse attorney as soon as possible to identify your full array of legal options.
Speak With Our New York Sexual Abuse Lawyers Today
As one of the nation’s leading law firms representing survivors of sexual abuse, Andreozzi + Foote has successfully represented some of the highest-profile abuse cases over the last decade. Our compassionate, trauma-informed attorneys exclusively focus on sexual abuse cases, and we are committed to creating life-changing results for victims and their families.
At Andreozzi + Foote, our team has spent decades thoroughly researching and actively engaging state laws, regulations, rules, policies, and procedures in New York and nationwide to determine if you have a case against the organization responsible for your abuse. Even if you’re unsure whether you are eligible to file a lawsuit or police report under New York’s statute of limitations, you may still have legal options, and our attorneys can identify them for you. Together, we can fight for the safety and rights of survivors.
To get started on your path to justice today with a free, confidential consultation, contact Andreozzi + Foote online or by calling 866-311-8640.
