Doing the right thing shouldn’t have a deadline, and yet, sometimes, it does. If you’re a New Yorker and you’re a survivor of sexual abuse, you should be aware of that deadline.
For decades, the law made it almost impossible to take legal action if the abuse happened years ago. But then, for a short time, New York kind of cracked one window open for those who were abused as kids and another for those who were abused as adults. These laws were called the Child Victims Act and Adult Survivors Act and they basically gave people a second chance to file a lawsuit regardless of when it happened.
Both of these windows have been slammed shut and a lot of survivors didn’t even know they were open. Some were never told, others were too overwhelmed, and there were even those who didn’t find out about it until it was too late.
This article is for them – the people who didn’t get the chance they should have.
You might still have options even though these laws expired.
The Laws NY Passed to Help Survivors of Sexual Abuse
New York passed two major laws in recent years, the first of them being the Child Victims Act, which was passed in 2019. It opened a 2-year window during which the people who were abused as children could file civil lawsuits no matter how long ago the abuse happened. That window closed in August 2021.
The law also gave future survivors more time to take legal action because it extended the statute of limitations.
After this law came the Adult Survivors Act in 2022. This one gave adults who were abused after turning 18 one year (from November 2022 to November 2023) to sue if they had previously been blocked by time limits. It especially helped people who were assaulted in places like prisons, hospitals, or at work.
Both laws were a big deal because New York used to have some of the strictest time limits in the country. However, now these windows have closed again, before many survivors even knew they were open.
What You Can Still Do Today
It depends on the situation, but some survivors of sexual abuse are still able to take action even though the windows created by the CVA and ASA have been closed.
If you’re a New Yorker, then it’d be best to look up a sexual abuse lawyer in New York online to get in touch with a professional attorney who specializes in these types of cases.
But take this a step further, let’s also glance at some other things that might work:
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Check if the Statute of Limitations Still Applies
If the abuse happened more recently, your claim might still fall within the deadlines. For example, let’s say abuse occurred when you were a child and you’re still under 55. You might still have time to file a civil lawsuit under the extended statute of limitations.
For cases of sexual abuse that happen to adults, NY generally allows 3 years from the date of the incident to bring a civil case.
Keep in mind, though, that the clock might start even later if you only recently understood that what happened to you was abuse (the ‘discovery rule’).
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Consider Exceptions Based on Discovery or Fraud
In some cases, courts will allow a late filing if the abuse was actively concealed by the institution involved in it. For example, if a school or an employer hid reports, withheld documents, or misled you in any way that made you aware of what happened later on, the court might consider it. These exceptions, however, are narrow and fact-specific, but they do exist.
If you think your situation involved cover-ups or withheld information, it’s worth looking into whether that could give you more time to act.
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Report the Abuse to Law Enforcement
Civil lawsuits are just one side of the legal system. There’s also criminal law, which works differently. In some cases, it’s still possible to press charges even if a civil case is no longer an option for you.
This is especially true for recent abuse or if there’s more than one victim and they come forward together. Criminal cases don’t result in financial compensation, but they can still hold perpetrators accountable.
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Keep an Eye on New Legislative Developments
Even if you’re out of options today, you might have plenty of them tomorrow. Laws around sexual abuse change all the time and in New York, lawmakers have already proposed bills that would extend or reopen windows like the one that came with the ASA.
Advocacy groups are pushing for more time, too, so if you missed the ASA or CVA window, there’s a chance another one could open in the future.
Conclusion
Your story doesn’t have to end because of one missed deadline. The law is crazy complicated, that’s true, but it’s not frozen in time. It’s constantly changing, and sometimes it even circles back.
You may have waited too long this time, but who knows what the future holds?
Keep an eye on what’s going on, and you might just get another shot at justice.
