Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the abuse at school happened years ago?
Yes. Under CPLR 214-g (the Child Victims Act), survivors of childhood sexual abuse in New York may file a civil lawsuit until their 55th birthday, or within 2.5 years of discovering a connection between the abuse and a psychological or physical injury — whichever is later. If you are unsure whether your window is still open, Banville Law can review your situation at your pace and with no obligation to proceed.
Does a civil lawsuit mean I have to press criminal charges first?
No. A civil lawsuit is completely independent of any criminal case. You do not need to report the abuse to police, and a civil claim can move forward whether or not charges were ever filed or a conviction obtained. You choose your own path.
What if the school denies the abuse or says they didn't know?
Institutions often deny knowledge or responsibility, but civil law holds schools liable for negligent hiring, negligent supervision, and negligent retention of staff who posed a risk to students. Evidence of what the school knew — or should have known — is central to these cases, and civil discovery can compel the institution to produce records it would prefer to keep private.
Is my conversation with Banville Law confidential?
Absolutely. Every person who contacts Banville Law is protected by attorney-client privilege from the moment of first contact. Nothing you share will be disclosed without your consent. If you need immediate support outside of a legal consultation, the RAINN National Sexual Assault Hotline (800-656-4673) is free, confidential, and available 24/7.