Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the abuse happened years ago?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse may file a civil lawsuit until their 55th birthday 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 a school, church, or other institution — not just the abuser?
Institutions can be held civilly liable under theories of negligent hiring, negligent supervision, and negligent retention when they knew or should have known about an abuser's conduct. Civil liability exists independently of any criminal prosecution — you do not need a conviction to pursue a civil claim.
Does filing a civil lawsuit mean I have to go to court?
Not necessarily. Many cases resolve before trial, and you decide next steps at your own pace. A civil lawsuit is also separate from criminal reporting — you choose the path that is right for you, with no obligation to proceed.
Is my conversation with Banville Law confidential, and where can I find immediate support?
Every conversation with Banville Law is protected by attorney-client privilege — what you share stays private. If you need immediate support, the RAINN National Sexual Assault Hotline is free, confidential, and available 24/7 at 800-656-4673.