What to Know About Filing a Sexual Assault or Child Sexual Abuse Lawsuit in New York

Sexual assault is a devastating experience. It can affect a survivor’s physical health, emotional well-being, relationships, education, and ability to work. 

Although no legal action can undo what happened, a civil lawsuit may provide survivors with a way to seek compensation and hold responsible individuals or institutions accountable.

New York has expanded the amount of time some survivors have to file civil claims. However, the rules differ depending on whether the survivor was an adult or a child when the abuse occurred, when the conduct took place, and who may be responsible.

Because filing deadlines can be complex, survivors should not assume they have either lost or still have the right to file without first speaking with an attorney.

For over 35 years, Morgan & Morgan has fought For the People, and we stand beside victims who have suffered needlessly. Contact us anytime for a free and confidential case evaluation to learn more about your legal options. 

Our compassionate team can advise you on your next best steps and may be able to help you fight for compensation you deserve to move forward with your life.

A Civil Lawsuit Is Different From a Criminal Case

A criminal sexual assault case is brought by the government. Prosecutors decide whether to bring charges, and a conviction may result in imprisonment, probation, registration requirements, or other criminal penalties.

A civil lawsuit is filed by the survivor. Its purpose is generally to obtain compensation for the harm caused by the assault and to hold the responsible parties financially accountable.

A survivor may potentially pursue a civil case even if:

• The assault was never reported to police
• Criminal charges were never filed
• The criminal case was dismissed
• The accused person was not convicted
• The criminal investigation has already ended

New York does not require a criminal charge or conviction before certain civil sexual assault claims may be brought. Civil cases also use a different burden of proof than criminal prosecutions.

How Long Do Adult Sexual Assault Survivors Have to File?

New York’s filing deadline for an adult sexual assault lawsuit depends on the nature of the conduct and the legal claims involved.

Under New York Civil Practice Law and Rules Section 213-c, civil claims arising from certain serious sexual offenses may generally be filed within 20 years. The statute applies to specified conduct that would constitute certain rape, incest, aggravated sexual abuse, and related offenses under New York law.

Other claims may be governed by shorter deadlines. The applicable period can depend on the alleged offense, when it occurred, the defendant being sued, and whether another legal rule affects the deadline.

New York also enacted the Adult Survivors Act, which temporarily revived certain previously expired claims involving sexual offenses committed against people who were 18 or older. That statewide filing window ran from November 24, 2022, through November 24, 2023, and is now closed.

However, some survivors of sexual assault or other gender-motivated violence that occurred in New York City may still have an opportunity to pursue an otherwise time-barred claim under the city’s Gender-Motivated Violence Act. In January 2026, New York City opened a new 18-month filing window for qualifying claims involving gender-motivated violence that occurred before January 9, 2022. The law may permit claims against parties that committed, directed, enabled, participated in, or conspired in the violence. Because this window is limited and eligibility depends on the specific facts, survivors should seek legal guidance as soon as possible. Submit a free, confidential case evaluation to learn whether Morgan & Morgan may be able to help.

Survivors who did not file during the Adult Survivors Act window should not automatically assume they have no remaining options. A claim may still be timely under the ordinary statute of limitations or another applicable legal rule.

How Long Do Child Sexual Abuse Survivors Have to File?

The New York Child Victims Act expanded the time available to many survivors who were sexually abused before turning 18.

Under current New York court guidance, survivors may generally bring a civil case against the abuser or a liable third party until they reach age 55. Potential third parties may include schools, religious organizations, employers, youth programs, and other institutions that failed to protect the child.

The Child Victims Act also created a temporary revival window for claims that had already expired under earlier statutes of limitations. That window ultimately closed in August 2021. Claims that depended entirely on the revival window generally cannot be filed now merely because they once qualified for revival.

However, a survivor who is younger than 55 may still have a timely claim under the Child Victims Act’s extended filing period. An attorney can review the survivor’s age, the date of the abuse, the alleged conduct, and any prior lawsuit to determine which rule may apply.

Who May Be Held Responsible?

The individual who committed the assault may not be the only party with legal responsibility.

Sexual assault and child sexual abuse may occur in workplaces, schools, churches, hospitals, correctional facilities, foster-care settings, camps, sports programs, residential facilities, or other organizations responsible for people’s safety.

An institution may potentially be liable when its negligent conduct contributed to the abuse. Examples may include:

• Failing to investigate prior complaints
• Ignoring known warning signs
• Negligently hiring or retaining a dangerous employee
• Providing inadequate supervision
• Allowing continued access to vulnerable people
• Concealing misconduct
• Violating internal safety or reporting policies

Institutional claims often require an investigation into what administrators knew, when they knew it, and whether reasonable action could have prevented further harm.

What Evidence May Support a Lawsuit?

Survivors may worry that too much time has passed or that they lack physical evidence. Sexual assault commonly occurs without witnesses, and many survivors delay disclosure for years.

Potential evidence may include medical records, therapy records, journals, photographs, text messages, emails, social-media messages, employment records, school files, complaints made by others, internal investigations, police reports, and statements from people the survivor confided in.

Evidence involving prior complaints against the same person may help establish that an institution knew or should have known about a danger. Attorneys may also seek personnel files, disciplinary records, security footage, policies, and internal communications through the litigation process.

Survivors should preserve documents and digital messages when possible. They should generally avoid confronting the alleged abuser or attempting to obtain institutional records without legal guidance.

What Compensation May Be Available?

The compensation available depends on the survivor’s injuries and the circumstances of the case. A lawsuit may seek damages for:

• Medical and mental health treatment
• Future therapy and care
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Other financial and personal consequences

Punitive damages may also be available in some cases involving especially reckless or intentional misconduct. No attorney can promise a particular result, and the value of a claim depends on its specific facts and supporting evidence.

Filing a Lawsuit Does Not Always Mean Going to Trial

A civil lawsuit generally begins with an investigation and the filing of a complaint. The defendants may then respond, and the parties enter discovery, during which they exchange documents and take sworn testimony.

Some cases resolve through settlement negotiations or mediation. Others proceed to trial when the parties cannot agree on a resolution. Survivors may also have options for limiting the public disclosure of identifying or highly sensitive information, although privacy protections depend on the circumstances and court approval.

Contact Morgan & Morgan About a New York Sexual Abuse Claim

New York’s sexual assault and child sexual abuse laws give many survivors additional time to seek accountability, but the filing rules are not the same for every case. Waiting can also make it more difficult to preserve records, locate witnesses, and obtain other evidence.

Morgan & Morgan can review when the assault occurred, determine which filing deadline may apply, investigate potentially responsible individuals and institutions, and explain your legal options.

If you or someone you love experienced sexual assault or child sexual abuse in New York, contact Morgan & Morgan for a free, confidential case evaluation. You pay nothing up front, and the Fee Is Free® unless we win.