New York State Sexual Abuse Statute of Limitations (2024)

Sexual abuse claims can be difficult to deal with simply because the laws surrounding these claims tend to be more complex. For example, just determining how much time you have to file a civil claim for sexual abuse requires understanding multiple laws and how they are interconnected. In New York, these laws have changed dramatically in the last few years, and you should talk to an attorney about how to begin your case as soon as possible.

In 2019, the statute of limitations for sexual abuse claims was changed. Before, victims of childhood abuse had until age 23 to file a civil claim. Adults had only 3 years. The new law gave people 20 years, and children had until age 55. In addition, lawmakers passed additional laws that opened “look-back windows” that allowed people whose claims expired under the old laws to revive their claims, but only for a limited time. As of 2024, those windows are closed, and new sexual abuse cases are governed by the new statute of limitations.

Call our New York sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586 to get a private, free case evaluation to begin your claim.

The Statute of Limitations for Civil Sexual Abuse Cases in New York

Up until 2019, the statute of limitations for civil sexual abuse claims in New York was more restrictive. Under the old law, victims of childhood sexual abuse had until the age of 23 to file a civil claim against the person who abused them and any other responsible people or parties, like schools or churches. People who were abused as adults had an even shorter time limit and had to file claims within 3 years.

In 2019, legislation was passed that extended the statute of limitations for civil cases of sexual abuse. The new law, under C.V.P. Law § 213-C, requires plaintiffs to file civil claims for sexual abuse no later than 20 years after the abuse occurred. This is a far more generous amount of time, and our New York sexual abuse attorneys may be able to help more victims seek justice through the civil courts moving forward.

The one glaring hole in this new law is that it is not retroactive, meaning it does not apply to cases where abuse happened before the new law took effect in 2019. Put another way, if a person who was abused as a child turned 23 in 2018, they would be unable to file a civil lawsuit under the new law because their case is time-barred.

New York lawmakers recognize that this flaw in the new law is unfair to victims who have not yet come forward about their claims. As such, other laws were passed that allowed previously time-barred plaintiffs to file claims, but only for a limited amount of time.

Sexual Abuse and the New York Adult Survivors Act in 2024

While the new law passed in 2019 gives people who were abused when they were 18 or older a lot more time to come forward, those who were time-barred under the old law were seemingly out of luck. To remedy the situation, lawmakers passed the Adult Survivors Act (ASA) under C.V.P. Law § 214-J.

Under this new law, passed in May 2022, a look-back window was opened for survivors of abuse who were time-barred under the old law and not covered by the new law. Put another way, victims of abuse, who were at least 18 when the abuse happened, had from November 24, 2022 to November 24, 2023 – one full year – to file their claims, even if they were previously time-barred.

The ASA allowed numerous plaintiffs to file civil cases for sexual abuse. The lookback window has since closed, and time-barred plaintiffs who are not covered under the new law may not be able to file civil cases for sexual abuse. If you are not sure whether you are time-barred, contact an attorney for help right away.

Sexual Abuse and the New York Child Victims Act in 2024

Sexual abuse cases involving children are treated much differently than those involving adults. Typically, children cannot file civil claims on their own, even if they know how. As such, child victims tend to have much longer limitation periods, and sexual abuse cases are no exception.

As mentioned before, under the old law, victims of childhood sexual abuse had until age 23 to file a civil case regarding the abuse they endured. Under the Child Victims Act, located under C.V.P. Law § 214-G, the limitation period was greatly extended until the victim turns 55. However, like the laws for those victimized as adults, the new law for childhood sexual abuse is not retroactive. Many survivors of such abuse were time-barred at the time the new law was passed and could not file claims under the new law.

The Child Victims Act opened a look-back window for survivors of childhood abuse who were time-barred. The look-back window opened on August 14, 2019 and lasted for one year until August 14, 2020. The window was then extended for another year, until August 14, 2021. As of now, the look-back window opened by this law has closed.

Look-Back Windows for Sexual Abuse Claims in New York in 2024

If you or someone you know has recently been abused or was abused after the new law in 2019 was passed, you should speak to an attorney as soon as possible about filing a civil case. However, if your case is older and you could not file a claim within the look-back windows mentioned before, you should speak to an attorney about other possible legal options.

As it stands in 2024, no new look-back windows have been opened. If your claim is time-barred, you might have to find other ways of achieving justice.

Contact Our New York Sexual Abuse Lawyers for Help Immediately

Call our New York sexual abuse attorneys at The Law Office of Andrew Shubin at (814) 826-3586 to get a confidential, free case evaluation.