Past adult sexual abuse survivors in New York have the ability to bring claims against abusers and institutions such as private schools, churches, prisons, and clubs that empowered the abusers thanks to a “lookback” statute enacted by the New York legislature. New York sexual abuse lawyers now have the ability to file lawsuits on cases where the statute of limitations would have otherwise expired thanks to the New York Adult Survivors Act. If you were an adult victim of sexual abuse in the past and were told that your statute of limitations had expired, now is the time to talk to a New York sexual abuse lawyer and determine whether your case may have been revived by the “lookback” statute.
What is the New York Adult Survivors Act?
The New York Adult Sexual Survivors Act is a statute enacted on November 24, 2022, by the New York legislature creating a 1-year window in which survivors of sexual abuse experienced as an adult in New York may bring a lawsuit against their abusers and any institutions that empowered or protected them even though the statute of limitations may have previously run. This law was created in recognition of the fact that sexual abuse survivors often repress these horrific and traumatic events until later in life. It allows New York sexual abuse lawyers and survivors to hold accountable those who may have previously benefitted from the repression caused by the trauma they inflicted.
How Long Do I Have to File a Claim Under the New York Adult Survivors Act?
Persons who were sexually abused in the past as an adult (over 18 when the abuse occurred), have until November 24, 2023, to file a lawsuit against their abusers and any potentially responsible institutions. After that date, the statute of limitations will revert back to the law in effect at the time of the abuse.
What is the Statute of Limitations for Suing Someone for Sexual Abuse of an Adult in New York?
A civil lawsuit may be brought by adult survivors of rape in the second or third degree, a criminal sexual act in the second and third degree, and incest in the first and second degree occurring in New York within 20 years of the crime thanks to a 2019 change in the law. For events occurring prior to the 2019 change, the statute of limitations is five years. This is why the New York Adult Survivors Act was passed—to account for survivors whose abuse occurred prior to the extension of the statute of limitations.
Note: There is a separate statute of limitations for New York survivors of human trafficking that gives survivors a 15-year statute of limitations to bring a civil lawsuit for damages. For cases prior to July 28, 2021, the statute of limitations is 10 years.
Minors Statute of Limitations and the Child Victims Act of 2019
Prior to February 14, 2019, a minor had until their 23rd birthday to file a civil lawsuit for sexual abuse. In 2019, the statute of limitations was changed by the New York Child Victims Act giving minors abused after the date of change until their 55th birthday to file a claim. The Act also opened a 1-year lookback window for past claims in 2019, but this window has since closed.
What Types of Institutions May be Liable for Sexual Abuse?
Any institution that continued to empower an individual they had reason to be concerned about could potentially be responsible. Common examples of these institutions include churches, boy scout organizations, private schools, clubs, nursing homes, hospitals, mental institutions, drug rehabilitation facilities, dentist offices, medical offices, counselors, and other organizations in a position to empower one person over another. Read Holding a Business Liable for Sexual Assault for more information.
Talk to a New York Sexual Abuse Lawyer
If you are a survivor of sexual abuse in New York and your claim falls within the applicable statute of limitations or falls under the Adult Survivors Act lookback window, talk to a sexual abuse attorney immediately to determine your rights. In our commitment to fight for survivor’s rights, Simmons and Fletcher, P.C. is coordinating and co-counseling efforts with New York sexual abuse lawyers to get these claims brought and justice served. Please feel free to call us at 1-800-298-0111 for more information on how you can preserve your claim or submit your case information here for a free evaluation. Cases will be co-counseled with other sexual abuse lawyers for maximum efficiency.
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