Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the clergy abuse happened many years ago?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood clergy sexual abuse have until their 55th birthday to file a civil claim 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. There is no requirement that a criminal case was ever filed.
What if I only recently connected my injuries to the abuse?
This mainly matters if your claim would otherwise have already expired before you turned 55. New York's Child Victims Act was written to give survivors until age 55 under CPLR §208(b) regardless of when they connect their injuries to the abuse, so most survivors don't need to rely on a separate discovery date. 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.