Statutes of limitations set the deadlines for filing legal action. A civil statute of limitations governs the time for filing a civil lawsuit, whereas a criminal statute of limitations imposes the deadline for prosecutors to file criminal charges.
Such laws aim to prevent stale claims or criminal charges. Evidence and memories fade over time, making it more difficult to determine the truth. In addition, statutes of limitations relieve potential defendants of indefinite jeopardy of criminal or civil action.
If you have been sexually assaulted, it is essential to understand statutes of limitations, as they limit the time for you to file a lawsuit or pursue charges. While these deadlines might feel restrictive, New York’s statute of limitations for sexual assault is longer than for many other actions.
At Joseph & Norinsberg, we understand that taking action against a perpetrator is a big step. This article will explain New York’s sexual abuse and assault statutes of limitations, including what is important for survivors to know. If you have specific questions, call us at 212-227-5700.
New York's Sexual Abuse Statute of Limitations
The statute of limitations for most personal injury cases in New York is three years, starting from the original incident date. Sexual harassment, assault, and abuse cases have different deadlines depending on the nature of the incident and the victim’s age.
New York State law defines sexual misconduct using specific terms, which may differ from words such as “assault” and “abuse” used in everyday language. Consult an attorney to determine the type of case you have and the statutes of limitations that apply.
New York’s statutes of limitations for different types of sexual misconduct have undergone several changes in the past decade, with notable changes coming from the Child Victims Act in 2019 and the Adult Survivors Act in 2022.
Pre-2019 Child Victims Act
Before the Child Victims Act, New York law required most survivors of childhood sexual abuse to take legal action before they reached age 23. This gave some victims little more than five years to file criminal charges or civil lawsuits.
Post-2019 Child Victims Act Changes
With the Child Victims Act now in place, survivors of childhood sexual abuse have until the age of 55 to file lawsuits against perpetrators and the institutions that enabled abuse.
The law also extends the statute of limitations for filing criminal charges. Survivors now have until their 25th birthday to file misdemeanor actions and until their 28th birthday to seek felony charges. Extensions may be possible if the time taken to process DNA evidence delays identification of the offender.
The law also created a lookback window, in which survivors of any age had one year to file claims that would otherwise be past the statute of limitations. That window expired in 2021.
Adult Survivors Act of 2022
In 2022, the Adult Survivors Act created a one-year “lookback window” for survivors of adult sexual assault and abuse. The window allowed survivors to file claims that would otherwise have been barred by the old statute of limitations.
The lookback window expired in November 2023. Today, the standard three-year statute of limitations applies to adult victims of many sexual assault offenses.
There are select exceptions, however. Under New York civil practice law, survivors of certain sexual abuse crimes have 20 years to file a civil lawsuit.
Special Exceptions and Tolling of the Statute of Limitations
Although the statute of limitations establishes a firm deadline, specific scenarios may “toll,” or pause, the clock. For example, if the victim is under 18 when the incident occurs, the statute of limitations pauses until their 18th birthday. If someone is mentally incapacitated at the time harm occurs, the clock does not start running until the disability is no longer present.
The statute of limitations is also tolled when the alleged perpetrator is out of state or living under a false name unknown to the victim. The clock does not run while either scenario is ongoing.
What Happens if You Miss the Statute of Limitations?
Missing the statute of limitations for any civil action usually means losing your right to sue. Although this may prohibit some victims from filing new claims, other options may be available. For instance, select claims may be eligible under different legal theories.
For most survivors, however, the most common exceptions are legal incapacity and absence of the defendant. Otherwise, the standard statutes apply. Survivors may file civil lawsuits until age 55 and pursue criminal action until 25 or 28, depending on the violation.
Although important, filing a claim against a perpetrator of sexual assault or abuse can be confusing and traumatic. A lawyer can help you navigate this process and hold an offender accountable.
Joseph & Norinsberg is committed to supporting survivors of sexual assault and abuse in New York. Call us at 212-227-5700 or contact us online to schedule your free consultation today and learn more about your options.
