Fighting For Important Causes In State And Federal Courts
When the statute of limitations ends, victims in New York may not be able to sue a sexual abuser. Understanding the statute of limitations and how it applies to your experience can help you get the justice you deserve against an offender.
In New York, there are different filing deadlines for adults and children who faced sexual abuse. The Child Victims Act (CVA) recently expanded the statute of limitations for minors. Now, child victims of sexual abuse have until their 55th birthday to sue. Adults still only have three years. This applies to both individual offenders and responsible institutions. Lookback windows were also created within the CVA, allowing victims to sue an offender regardless of their age during that window.
The Law Office of Andrew Shubin is dedicated to supporting survivors. Our team can help you file a lawsuit against a sexual abuser in New York so you can seek justice. Call the New York sexual abuse victim attorneys at The Law Office of Andrew Shubin today for a free case evaluation at (814) 826-3586.
What Is the Statute of Limitations for a Sexual Abuse Lawsuit for Minors in New York?
In 2019, New York massively extended its statute of limitations for minor victims to file a lawsuit against a sexual abuser. This has given more survivors of sexual abuse the chance to sue an offender on their own time. New York now has one of the longest statutes of limitations for minor victims to file a sexual abuse lawsuit in the country.
The Child Victims Act, which was passed in 2019, greatly expanded the filing deadline for minor victims of sexual abuse. Now, child survivors have until their 55th birthday to sue a sexual abuser. Previously, survivors only had until age 23 to do so. Five years is often not enough time for survivors of childhood sexual abuse to come to terms with their experience. Expanding the statute of limitations has allowed countless minor survivors in New York to seek justice when they otherwise would not have been able to.
This change in the statute of limitations is not retroactive and applies only to survivors of childhood sexual abuse who have not yet missed their original filing deadline.
What Is the Statute of Limitations for a Sexual Abuse Lawsuit for Adults in New York?
In New York, there is no special statute of limitations for adult survivors of sexual abuse to file a lawsuit. That makes New York’s statute of limitations similar to many other states. Because there is no special statute of limitations, adults have a much shorter window to sue an offender than child survivors.
According to G.O.B. Law § 214, adult victims only have three years to sue a sexual abuser. Because of this, it is vital that adult survivors of sexual abuse speak to an attorney promptly. Consulting with an attorney about sexual abuse can be very difficult, so it’s helpful to meet with compassionate and caring lawyers. The New York sexual abuse victim attorneys at The Law Office of Andrew Shubin can help you file a lawsuit within the appropriate timeframe as an adult survivor in New York.
Although there is currently no special statute for adult survivors of sexual abuse in New York, there has been a recent push to instate one. With the success of the Child Victims Act, new legislation has been proposed that could extend the current statute of limitations for adults. It can take years for victims to realize abuse or understand it, preventing them from suing an abuser within the statute of limitations. However, such legislation has not yet passed, and it is unclear if it will. For now, adult victims of sexual abuse bust abide by the current statute of limitations, which is three years. Otherwise, they may lose the opportunity to sue an offender.
What Is the Statute of Limitations to Sue an Institution for Sexual Abuse in New York?
Individual offenders are not always solely responsible for sexual abuse in New York. Institutions, like churches or schools, can also be accountable. Negligence or intentional ignorance of abuse can make institutions responsible for your experience, as well as an individual offender.
The statute of limitations to sue an institution for sexual abuse is the same as the filing deadline to sue an individual. That means that minor victims now have 37 years from the age of majority to file a lawsuit against an institution for sexual abuse. Adults still only have three years from the date of injury to sue.
If you believe that an institution was partially responsible for sexual abuse, you can explore legal action. The New York sexual abuse victim attorneys at The Law Office of Andrew Shubin can help you file a lawsuit against an institution within the applicable statute of limitations. Everyone responsible for your abuse should be held accountable for their part.
Are There Lookback Windows for Sexual Abuse Lawsuits in New York?
With the creation of the Child Victims Act in 2019, a lookback window was opened. This allowed victims whose statute of limitations had previously lapsed to sue a sexual abuser, regardless of when the abuse happened.
Originally, New York’s lookback window was only supposed to be open for a year, but it was extended until August 2021. Though it has since closed, New York’s lookback window acted as a special exception to the statute of limitations. It is always possible New York could open future lookback windows.
Our Attorneys Can Help You File a Sexual Abuse Lawsuit in New York
Filing a sexual abuse lawsuit on time in New York is important. Although there was a lookback window in the past, that doesn’t guarantee that another one will be opened. For a free case evaluation, call the New York sexual abuse victim attorneys at The Law Office of Andrew Shubin today at (814) 826-3586.