Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a civil lawsuit if the school sexual abuse happened years ago?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse in New York can file a civil claim until age 55 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. You may still have time even if the abuse occurred decades ago.
Can a school be held responsible even if the abuser was never criminally charged?
Absolutely. Civil liability is entirely independent of any criminal case. A school can be held accountable through negligent hiring, negligent supervision, or negligent retention — meaning the institution may be liable for failing to protect students, regardless of what happened in a criminal court.
Is my conversation with Banville Law confidential?
Yes. Attorney-client privilege protects every conversation you have with Banville Law from the very first contact. Nothing you share will be disclosed without your consent, and there is no obligation to proceed — you decide the next steps, at your pace.
What if I am not ready to talk about the details yet?
Coming forward takes courage, and you are in control of this process. You do not need to recount every detail right away — a referring attorney can reach out to Banville Law on your behalf to explore your options without pressure.