Civil Sex Assault Claims

The New York Child Victims Act: Extended Deadlines for Adult Survivors

The New York Child Victims Act (CVA), enacted in 2019, dramatically expanded the ability of survivors abused as children to bring civil claims. Before the CVA, most childhood abuse claims had to be filed within a few years of the survivor turning 18, which effectively barred most claims by the time survivors were ready to come forward.

The current civil statute of limitations

Under the CVA, a survivor of childhood sexual abuse has until age 55 to file a civil claim in New York. This applies to abuse that occurred before the survivor turned 18. The extended period reflects a legislative recognition that childhood trauma often takes decades to surface and process.

The look-back window

The CVA originally opened a one-year look-back window, later extended to two years, that allowed survivors to file otherwise time-barred claims regardless of the survivor's age or how long ago the abuse occurred. That window closed in August 2021. Thousands of survivors filed claims during the window, resulting in significant recoveries and, in several cases, institutional bankruptcies.

What claims are covered

The CVA covers civil actions for injuries caused by conduct that would constitute certain sex offenses under New York criminal law, including sexual abuse of a minor, incest, and use of a child in a sexual performance. Claims can be brought against the individual perpetrator, and against institutions whose negligent conduct enabled the abuse, such as schools, religious organizations, sports leagues, and youth programs.

Criminal statute of limitations

The CVA also extended the criminal statute of limitations for felony sex crimes against children. Prosecution can now be brought until the victim turns 28 for certain felonies, and until 25 for certain misdemeanors. Some serious sex offenses have no statute of limitations at all in New York.

Institutional discovery in CVA cases

Because CVA cases often involve abuse that occurred decades ago, discovery in these cases can be extensive. Personnel files, complaint records, transfer histories, and internal investigations become central. Institutions with a history of failing to act on prior warnings often face substantial exposure once these records come to light.

If you missed the window

Survivors who did not file during the look-back window and are older than 55 may not have a CVA claim, but other paths may exist. Recent conduct within a longstanding pattern, institutional cover-ups that concealed the harm, or claims under other statutes may provide alternatives. An experienced attorney can assess whether any of these apply.

At John J. Zidziunas & Associates, LLC, we represent survivors of sexual assault in civil actions across New York and New Jersey. To discuss your case confidentially, call us at (212) 516-1868 or contact us here. We represent survivors on a contingency fee basis with free consultations.

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