Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a lawsuit if the abuse happened years ago?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse have until their 55th birthday to file a civil lawsuit 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. Civil claims are independent of any criminal prosecution.
Can an institution like a school or church be held responsible?
Yes. Institutions can be held civilly liable for negligent hiring, supervision, or retention of someone who abused a child in their care. You do not need a criminal conviction to pursue a civil claim against an organization.
What if I am not ready to share every detail yet?
That is completely understandable - coming forward takes courage, and every conversation with Banville Law is protected by attorney-client privilege. You set the pace, and there is no obligation to proceed. If you need immediate support, RAINN's confidential hotline (800-656-4673) is available 24/7.
Does filing a civil lawsuit mean I have to go to court?
Not necessarily. Many civil cases are resolved before trial. Your attorney will explain all options so you can decide next steps at your own pace, with full information.