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 have until age 55 to file a civil claim 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. Coming forward takes courage, and the law was written to give you time.
Does filing a civil lawsuit mean I have to go to court?
Not necessarily. Many civil cases resolve through negotiation or settlement before trial. You move at your pace, and your attorney will explain every step so you can decide how you want to proceed — there is no obligation to go further than you choose.
What if the institution denies the abuse occurred?
A denial does not end your claim. Civil cases focus on what the institution knew, when they knew it, and whether they failed to protect you — through negligent hiring, negligent supervision, or negligent retention. Your civil claim is entirely independent of any criminal investigation or prosecution. If you need immediate support, RAINN's confidential hotline is available 24/7 at 800-656-4673.
Is my conversation with Banville Law confidential?
Absolutely. Attorney-client privilege protects every communication you have with Banville Law from the very first contact. Nothing you share can be disclosed without your consent, so you can speak openly and at your own pace.
What is the difference between a criminal report and a civil lawsuit?
A criminal case is brought by the state to punish the abuser. A civil lawsuit is brought by the survivor to seek accountability and compensation from the abuser or the institution that failed to protect them. You can pursue a civil claim whether or not a criminal case was ever filed.