Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a civil lawsuit if the abuse in juvenile detention happened years ago?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse — including abuse that occurred in juvenile detention — may file a civil claim until age 55 under CPLR §208(b). A separate provision, CPLR §214-g, briefly allowed survivors of any age to revive previously time-barred claims, but that window closed on August 14, 2021. If your claim hadn't already expired before 2019, or you filed during that window, you're likely still protected under the age-55 rule today.
Can I sue the detention facility even if no one was criminally charged?
Absolutely. A civil lawsuit is entirely independent of any criminal prosecution. Facilities can be held liable under theories of negligent hiring, negligent supervision, or negligent retention — meaning the institution’s failure to protect you matters, regardless of what happened in criminal court.
Is my conversation with Banville Law confidential?
Yes. Attorney-client privilege protects everything you share from the very first contact. You are never obligated to proceed, and you decide the pace — sharing only what you are ready to share.
What if I am not ready to talk about the details yet?
You don’t have to share details before you are ready. A referral to Banville Law is a protected, no-pressure conversation at your pace, with no obligation to proceed. Taking this step takes courage, and you are in control of every next step.