Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the abuse happened years ago?
Under CPLR 214-g (New York's Child Victims Act), survivors of childhood clergy abuse may file civil claims until age 55, or within 2.5 years of discovering that the abuse caused psychological or physical injury — so many survivors still have time even decades later.
Can I sue the diocese or institution, not just the individual abuser?
Yes. Civil liability extends to the institution under theories of negligent hiring, negligent supervision, and negligent retention — the church, diocese, or religious organization can be held accountable for enabling or concealing abuse.
Is my conversation with Banville Law confidential?
Absolutely. Attorney-client privilege protects everything you share with Banville Law from the very first contact — you can speak openly about what happened without any obligation to proceed.
Does a civil lawsuit mean I have to go to court?
Many civil sexual abuse cases resolve before trial, but every survivor's path is different. You decide next steps at your own pace — there is no pressure to move faster than you are ready for.
Can I sue if the priest or clergy member has already died?
Yes. The institution — the diocese, parish, religious order, or affiliated school — is liable in its own right for negligent hiring, supervision, and retention, so a case can move forward against it even when the individual abuser has died. The lawsuit targets the organization that placed the abuser in a position of trust and kept him there, not only the person who committed the abuse.
I already received money through a diocese compensation program — can I still sue?
It depends on what you signed. New York dioceses ran voluntary compensation programs (often called Independent Reconciliation and Compensation Programs), and accepting an award almost always required signing a release giving up the right to sue. Don't assume your claim is closed — have an attorney review the exact release you signed, because the terms, and whether they hold up, are not the same in every case.
Do I need physical evidence or other witnesses to bring a claim?
No. Your own testimony is evidence, and clergy abuse cases are often built on patterns rather than a single document — institutional records showing the clergy member was shuffled between parishes, earlier complaints against him, and other survivors who came forward. You do not need a police report, a confession, or corroborating physical proof for a civil claim to move forward.