Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the clergy abuse happened many years ago?
Yes. Under New York's Child Victims Act (CPLR 214-g), survivors of childhood clergy sexual abuse have until their 55th birthday to file a civil claim. There is no requirement that a criminal case was ever filed or that the abuse happened recently.
What if I only recently connected my injuries to the abuse?
CPLR 214-g includes a discovery rule: you have 2.5 years from the date you first recognized that your psychological or physical injuries were caused by the abuse. Coming to that understanding takes time, and the law accounts for that.
Does a civil lawsuit mean I have to go to court or testify publicly?
Most civil cases resolve without a trial, and every case is handled at your pace. You are never obligated to proceed further than you choose. If you contact Banville Law, that conversation is protected by attorney-client privilege.
What if the diocese or institution denies the abuse occurred?
Denial is common. Civil liability is independent of any criminal prosecution or institutional admission, and can be established by showing the institution failed in its duty through negligent hiring, supervision, or retention. If you need immediate support, RAINN's National Sexual Assault Hotline (800-656-4673) is free, confidential, and available 24/7.