Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a civil lawsuit if the abuse happened years ago?
Possibly, yes — it depends on your age at the time of the abuse. 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 extended that to survivors of any age, but that window closed August 14, 2021. For adult survivors, New York's Adult Survivors Act (CPLR §214-j) similarly offered a temporary revival window that closed November 23, 2023; the ongoing civil statute of limitations for many adult sexual assault claims is now 20 years under CPLR §213-c. An attorney can confirm which deadline applies to your specific situation.
Does filing a civil lawsuit require a criminal case first?
No. Civil liability is entirely independent of any criminal prosecution — you do not need to report the abuse to police or wait for a criminal case to pursue a civil claim against the perpetrator or the institution that failed to protect you.
What if I am not ready to talk about details yet?
That is completely understandable — coming forward takes courage, and there is no obligation to share more than you are comfortable with. Every conversation with Banville Law is protected by attorney-client privilege, and you decide the pace and next steps.
What crisis support is available if I need to talk to someone now?
The RAINN National Sexual Assault Hotline (800-656-4673) is free, confidential, and available 24/7. The 988 Suicide & Crisis Lifeline is also available by calling or texting 988. Reaching out for support is always an option, separate from any legal decision.