Frequently asked questions
Can I still file if the abuse at school happened years ago?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse may file a civil lawsuit until their 55th birthday 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. 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.
Can I sue a public school district, or only private schools?
Both. New York's Child Victims Act reaches public school districts, charter schools, and private and religious schools alike. Suing a public district normally means clearing extra procedural hurdles like a notice of claim, but the Child Victims Act was written so those hurdles don't bar these abuse claims, whether filed under the ongoing age-55 rule or during the now-closed revival window. Whether your abuse happened in a district building, a parochial school, or a private academy, you may still have a viable claim.
Can the school still be liable if the abuse came from another student, not a staff member?
Yes. A school's duty to protect its students covers peer-on-peer abuse, not just abuse by teachers or staff. If administrators knew or should have known a student posed a risk and failed to act, the institution can be held responsible for negligent supervision. Eligibility turns on what the school knew and how it responded, not on who the abuser was.
The school where it happened has closed or merged into another district — can I still file?
Usually yes. When a school shuts down or a district reorganizes, legal responsibility for past conduct generally follows to the successor entity, the diocese, or the organization that absorbed it. A closed building does not erase liability. Banville Law can trace who now stands in the shoes of the institution that failed to protect you.