Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the difference between reporting abuse to authorities and filing a civil lawsuit?
A criminal report asks the government to prosecute the abuser, while a civil lawsuit is a separate legal action that can hold the foster care agency or supervising institution accountable for failing to protect you. You can pursue one, both, or neither — the choice is yours.
Can I still file a civil claim if the abuse happened when I was a child?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse may file civil claims 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.
What if I am not ready to talk about details yet?
That is completely understood. Banville Law works at your pace — you are never required to share more than you are comfortable with, and there is no obligation to proceed after an initial conversation.
Is my conversation with Banville Law confidential?
Yes. Attorney-client privilege protects everything you share with Banville Law from the moment you first reach out. If you need immediate support, RAINN's free, confidential hotline is available 24/7 at 800-656-4673.