Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a lawsuit if the abuse happened years ago?
Under New York's Child Victims Act (CPLR 214-g), survivors of childhood sexual abuse have until age 55 to file a civil claim — or within 2.5 years of discovering that the abuse caused psychological or physical injury. Many survivors are still eligible even if the abuse occurred decades ago.
Can the Boy Scouts organization be held responsible even if the abuser is no longer alive or was never criminally charged?
Yes. A civil lawsuit targets the institution — the BSA and its local councils — for negligent hiring, negligent supervision, or failing to remove known abusers. Criminal prosecution of the individual is not required, and the outcome of any criminal case does not determine your civil rights.
Is my conversation with Banville Law confidential?
Absolutely. Every conversation is protected by attorney-client privilege from the moment you reach out. You are never obligated to proceed, and you decide next steps entirely at your own pace.
Does filing a civil lawsuit mean I have to go to court?
Most civil sexual abuse cases resolve before trial. Coming forward takes courage, and Banville Law works to protect survivors from unnecessary re-exposure throughout the process. You will never be pushed into a step you are not ready for.
Who can actually be sued for Boy Scouts abuse — the national organization, the local council, or someone else?
Often more than one party. Claims can reach the national Boy Scouts of America, the regional local council that ran your troop, and the chartered organization that sponsored it — frequently a church, school, or civic group. Chartered organizations are commonly named because they had day-to-day involvement and their own duty to protect the children in their programs. Which parties belong in your case depends on how your troop was structured and who was responsible for supervision.
Can I sue if the person who abused me was another scout or a volunteer who wasn't an official leader?
Possibly, yes. Institutional liability turns on the organization's own negligence — whether it failed to supervise, screen, or respond to warning signs — not solely on the abuser's official title. If the BSA, a local council, or a chartered organization created or ignored the conditions that allowed the abuse, they can be held responsible even when the abuser was a peer, a parent volunteer, or an unregistered adult. We look at what the institution knew and did, not just who committed the abuse.
Does the Boy Scouts bankruptcy affect whether I'm still eligible to bring a claim?
It can, and this is one of the most important things to check early. The bankruptcy set a claims deadline of November 16, 2020, and survivors who filed a claim by that date are generally the ones eligible to be compensated through the Scouting Settlement Trust. If you did not file by the deadline, your path to the Trust may be limited, though options can still exist depending on your circumstances and the parties involved. Because eligibility here is fact-specific and time-sensitive, it's worth having your situation reviewed rather than assuming you're barred.