Is There a Statute of Limitations on Sexual Assault in New York?

Sexual assault is not only a criminal offense but also a personal injury that can have devastating physical, emotional, and psychological effects on survivors. Many victims of sexual assault face a challenging journey toward recovery and justice. At Konta Georges & Buza P.C., we understand that pursuing a personal injury case related to sexual assault requires careful consideration of many factors, including time limitations. This blog addresses a critical question: is there a statute of limitations on sexual assault in New York?

Is There a Statute of Limitations on Sexual Assault in New York?

In New York, the statute of limitations for sexual assault varies depending on the specific offense and when it occurred. For criminal cases, there is no statute of limitations for first-degree rape and other serious sexual offenses, while second-degree rape has a 20-year limitation, other felony sex offenses have 5 years, and misdemeanor sex offenses have 2 years.

For civil lawsuits, the standard personal injury statute of limitations is three years. Still, recent legislation has created significant exceptions—the Child Victims Act allows survivors of childhood sexual abuse to file until age 55. The Adult Survivors Act provided a one-year lookback window (now closed) for adult survivors to file claims regardless of when the assault occurred.

What is the Child Victims Act?

The Child Victims Act (CVA) is a landmark New York law enacted in 2019 that significantly extended the statute of limitations for survivors of childhood sexual abuse to pursue both criminal and civil claims against their abusers and negligent institutions.

• Extended Civil Statute of Limitations: The CVA allows survivors of childhood sexual abuse to file civil lawsuits against perpetrators and institutions until they reach the age of 55, dramatically extending the previous limitation period that often expired before many survivors were ready to come forward .
• Criminal Prosecution Extension: For criminal cases, the act extended the statute of limitations, allowing prosecutors to bring criminal charges until the survivor turns 28 for felony cases, compared to the previous age limit of 23 .
• One-Year Lookback Window: Perhaps most significantly, the CVA created a one-year “lookback window” that began on August 14, 2019, allowing survivors to file civil lawsuits regardless of when the abuse occurred, even if claims were previously time-barred .
• Window Extension: Due to the COVID-19 pandemic, the lookback window was eventually extended through August 14, 2021, giving survivors additional time to file previously expired claims .
• Institutional Liability: The law enables survivors to sue institutions that may have enabled or covered up abuse, including schools, churches, sports organizations, and youth programs .
• Court Process Modifications: The CVA also implemented special procedures for these cases, including training requirements for judges handling such matters to ensure sensitivity to the unique challenges survivors face .
• Impact on Claims: Since its implementation, thousands of survivors have filed lawsuits under the CVA, many against major institutions that previously enjoyed immunity due to expired statutes of limitations .

The Child Victims Act represents New York’s recognition that childhood sexual abuse survivors often require decades to process their trauma, understand its impact, and feel ready to pursue legal action against their abusers or the institutions that failed to protect them.

What is The Adult Survivors Act?

The Adult Survivors Act (ASA) is a New York law enacted in 2022 that created a temporary opportunity for adult survivors of sexual assault to pursue civil claims that the statute of limitations would otherwise bar.

• One-Year Lookback Window: The ASA established a one-year window, which ran from November 24, 2022 to November 24, 2023, allowing adult survivors of sexual assault to file civil lawsuits regardless of when the abuse occurred, even if the statute of limitations had expired.
• Focus on Adult Survivors: Unlike the Child Victims Act which addressed childhood abuse, the ASA specifically targeted sexual offenses committed against individuals who were 18 years or older at the time of the abuse.
• Covered Offenses: The law applied to various sexual offenses including rape, criminal sexual acts, sexual abuse, forcible touching, and other related crimes defined in Article 130 of New York’s Penal Law.
• Institutional Liability: Similar to the Child Victims Act, the ASA allowed survivors to sue not only individual perpetrators but also institutions, employers, or organizations that may have enabled or failed to prevent the abuse.
• No Current Window: This special filing window has now closed, meaning that new claims by adult survivors must adhere to the standard three-year statute of limitations unless another exception applies.
• Notable Impact: During its effective period, the ASA led to thousands of lawsuits, including high-profile cases against major corporations, public figures, and institutions.
• Legislative Purpose: The law recognized that adult survivors, like child victims, often need significant time to process trauma, overcome shame and fear, and become ready to seek justice through the legal system.

The Adult Survivors Act represented New York’s acknowledgment that the standard statute of limitations failed to account for the unique barriers adult sexual assault survivors face when coming forward, including trauma, power imbalances, and fear of retaliation or disbelief.

What is The Discovery Rule and Its Application to Sexual Assault Cases?

In some personal injury cases, New York applies what’s known as the “discovery rule,” which delays the start of the limitations period until the injured person discovers or reasonably should have discovered the injury or its cause.

For sexual assault personal injury cases, this can be particularly relevant when:

• A survivor experiences repressed memories that later surface
• The connection between current psychological conditions and past assault becomes apparent through therapy
• Information about an institutional cover-up of abuse is revealed

A sexual assault victim lawyer can help determine if the discovery rule might apply to your specific situation, potentially extending the time available to file a personal injury lawsuit.

What Are Tolling Provisions and Do They Extend the Statute of Limitations?

New York law includes certain “tolling” provisions that can pause or extend the statute of limitations on sexual assault in personal injury cases. These may apply when:

1. The victim was a minor: As mentioned above, the Child Victims Act significantly extended the time for childhood victims to file claims.
2. The perpetrator left the state: If the person who committed the assault leaves New York, the time they are absent may not count toward the statute of limitations.
3. The victim was under a disability: If the survivor was under a legal disability (such as mental incapacity) at the time of the assault, the statute of limitations may be extended.

Understanding these provisions is essential when evaluating whether a personal injury case related to sexual assault can still be filed. A sexual assault victim lawyer can analyze these factors in the context of your specific situation.

What Constitutes a Sexual Assault in New York?

Sexual assault in New York encompasses various offenses defined under the state’s penal code, ranging from forcible touching to rape, with each carrying different legal consequences and elements that must be proven.

• Rape in the First Degree: Occurs when a person engages in sexual intercourse with another person by forcible compulsion, when the victim is incapable of consent due to being physically helpless, or when the victim is less than 11 years old or less than 13 and the actor is 18 or older. (NY Penal Law § 130.35)
• Rape in the Second Degree: Applies when a person 18 years or older engages in sexual intercourse with someone less than 15 years old, or when the victim is incapable of consent due to being mentally disabled or mentally incapacitated. (NY Penal Law § 130.30)
• Rape in the Third Degree: Involves sexual intercourse with another person without their consent, where the lack of consent results from factors other than incapacity to consent. (NY Penal Law § 130.25)
• Criminal Sexual Act: Formerly known as sodomy, involves oral or anal sexual conduct under circumstances similar to the rape statutes, with varying degrees based on force used or the age of the victim. (NY Penal Law § 130.40-130.50)
• Forcible Touching: Involves intentionally and for no legitimate purpose, forcibly touching the sexual or intimate parts of another person for the purpose of degrading, abusing, or gratifying sexual desire. (NY Penal Law § 130.52)
• Sexual Abuse: Ranges from first to third degree and involves subjecting another person to sexual contact without consent, with degrees varying based on circumstances and force used. (NY Penal Law § 130.55-130.65)
• Lack of Consent: A crucial element in all sexual assault cases, which can result from forcible compulsion, incapacity to consent, or explicitly communicated unwillingness. (NY Penal Law § 130.05)
• Aggravated Sexual Abuse: Involves inserting a foreign object in the vagina, urethra, penis, rectum, or anus of another person causing physical injury, with degrees varying based on the circumstances and age of the victim. (NY Penal Law § 130.65-a-130.70)
• Course of Sexual Conduct Against a Child: Involves engaging in two or more acts of sexual conduct with a child over a period of time not less than three months. (NY Penal Law § 130.75-130.80)
• Predatory Sexual Assault: The most serious sexual offense in New York, charged when a person commits first-degree rape, criminal sexual act, aggravated sexual abuse, or course of sexual conduct against a child, and either causes serious physical injury, uses a dangerous instrument, or has a prior conviction. (NY Penal Law § 130.95)

Who May Be Liable for Damages Caused By Sexual Assault in New York?

In New York, liability for sexual assault extends beyond just the direct perpetrator, with multiple parties potentially responsible for damages depending on their relationship to the incident and their actions or inactions.

• Direct Perpetrators: The individual who committed the sexual assault bears primary liability for all damages resulting from their actions, including medical expenses, therapy costs, lost wages, and pain and suffering.
• Employers: Under the doctrine of respondeat superior, employers may be liable for sexual assaults committed by their employees while acting within the scope of employment, or when the employer negligently hired, retained, or supervised an employee they knew or should have known posed a risk.
• Property Owners: Landlords, hotel operators, and other property owners may face premises liability claims if inadequate security measures contributed to the conditions that allowed a sexual assault to occur on their property.
• Schools and Educational Institutions: These organizations have a special duty of care to protect students and can be held liable for sexual assaults that occur due to negligent supervision, failure to conduct background checks, or ignoring previous reports of misconduct.
• Healthcare Facilities: Hospitals, nursing homes, and other healthcare providers may be responsible for assaults committed by staff members if they failed to implement proper screening, training, or supervision protocols.
• Religious Organizations: Churches and religious institutions can be liable for sexual assaults committed by clergy or other personnel, particularly when leadership concealed abuse or transferred known offenders to new locations.
• Youth Organizations: Groups that work with minors, such as sports teams, scouting organizations, and after-school programs, have heightened responsibilities and may be liable for failing to protect children in their care.
• Businesses and Venues: Entertainment venues, bars, nightclubs, and similar establishments may face liability for creating conditions conducive to sexual assault or failing to intervene in dangerous situations.
• Rideshare Companies: Transportation providers may be held accountable for assaults committed by drivers if they failed to conduct adequate background checks or implement sufficient safety measures.
• Third-Party Enablers: Individuals or entities who actively facilitated, covered up, or failed to report sexual assault despite legal obligations to do so may share liability for resulting damages.

Understanding all potential sources of liability is crucial for survivors seeking full compensation, as multiple responsible parties often means access to deeper financial resources and insurance coverage than pursuing claims against the perpetrator alone.

Financial Compensation Available to New York Sexual Assault Victims

At Konta Georges & Buza P.C., we work diligently to help sexual assault survivors secure the full financial compensation they deserve, which can provide crucial support for recovery and hold responsible parties accountable for their actions or negligence.

• Medical Expenses: Compensation covers all assault-related healthcare costs including emergency room visits, hospital stays, surgical procedures, medication, physical therapy, and ongoing medical treatment needed as a result of the assault.
• Psychological Treatment Costs: Financial recovery includes expenses for mental health services such as therapy, psychiatric care, counseling, and other psychological treatments necessary to address trauma, PTSD, anxiety, depression, and other psychological impacts.
• Lost Income and Earning Capacity: Damages can include wages lost while recovering from the assault, attending medical appointments or court proceedings, as well as diminished future earning capacity if the trauma affects your ability to work in your chosen field.
• Pain and Suffering: This significant non-economic damage compensates for the physical pain and emotional distress experienced as a direct result of the assault, acknowledging the profound suffering that cannot be measured through medical bills or lost wages.
• Emotional Distress: Separate from pain and suffering, this compensation specifically addresses psychological impacts like fear, anxiety, sleep disturbances, humiliation, and other emotional consequences that affect your quality of life.
• Loss of Enjoyment of Life: You may receive compensation for how the assault has diminished your ability to participate in and enjoy activities, hobbies, relationships, and experiences that were previously important parts of your life.
• Loss of Consortium: Your spouse or partner may be entitled to damages for the impact the assault has had on your relationship, including changes to intimacy, companionship, and the marital relationship.
• Punitive Damages: In cases involving particularly egregious conduct, courts may award additional compensation specifically designed to punish perpetrators or negligent institutions and deter similar behavior in the future.
• Property Damage: If personal property was damaged during the assault, such as clothing, jewelry, electronic devices, or other belongings, replacement costs can be included in your compensation.
• Relocation Expenses: When safety concerns necessitate moving to a new residence, costs associated with relocation may be recoverable, especially in cases involving assaults by neighbors or landlords.
• Security Expenses: Costs for installing security systems, changing locks, or hiring security personnel may be compensable when such measures become necessary following an assault.
• New York Office of Victim Services Compensation: In addition to civil damages, victims may qualify for state compensation through the OVS, which can provide emergency awards for immediate needs while civil claims are pending.

The financial impact of sexual assault extends far beyond immediate medical bills, which is why our team at Konta Georges & Buza P.C. works meticulously to document and pursue every category of damages to which you may be entitled, helping you secure the resources needed for your fullest possible recovery.

How a New York Sexual Assault Victim Lawyer Can Protect Your Rights and Seek Justice

At Konta Georges & Buza P.C., we understand that survivors of sexual assault face numerous challenges when seeking justice through the legal system, which is why having dedicated legal representation is crucial throughout this difficult process.

• Case Evaluation: A sexual assault victim lawyer conducts a thorough assessment of your case, explaining all potential legal options including criminal proceedings, civil lawsuits, and claims against third parties who may share liability.
• Statute of Limitations Analysis: Your personal injury attorney will determine exactly which timeframes apply to your specific situation, including whether you qualify for extensions under the Child Victims Act, Adult Survivors Act, or other legal provisions.
• Evidence Preservation: Legal counsel works quickly to secure and preserve critical evidence that might otherwise be lost or destroyed, including surveillance footage, electronic communications, employment records, and witness statements.
• Trauma-Informed Approach: A skilled sexual assault victim lawyer understands the neurobiological effects of trauma and provides representation that acknowledges how trauma impacts memory, decision-making, and the ability to recount events.
• Protection from Defendant Tactics: Your attorney shields you from common defense strategies designed to discourage pursuit of justice, including intimidation attempts, victim-blaming, and invasive questioning about personal history.
• Comprehensive Damages Assessment: Legal representation ensures all compensable damages are properly documented and quantified, including medical expenses, therapy costs, lost wages, diminished earning capacity, and pain and suffering.
• Strategic Legal Planning: Your lawyer develops a customized legal strategy tailored to your specific circumstances, priorities, and goals, whether that means pursuing maximum compensation or prioritizing privacy.
• Institutional Accountability: A sexual assault victim lawyer investigates and pursues claims against negligent institutions that enabled or failed to prevent the assault, often accessing deeper financial resources than individual perpetrators possess.
• Settlement Negotiations: Skilled attorneys handle all communications and negotiations with defendants, insurance companies, and institutional representatives, preventing exploitation of survivors during vulnerable moments.
• Trial Preparation and Representation: If a fair settlement cannot be reached, your lawyer thoroughly prepares your case for trial, presents compelling evidence to the court, and advocates vigorously for justice on your behalf.
• Privacy Protection: Legal counsel implements strategies to shield your identity and sensitive personal information throughout proceedings, including protective orders and careful management of public records.
• Support Resources Coordination: Your attorney can connect you with appropriate medical providers, trauma specialists, victim advocates, and other support services to address needs beyond the legal aspects of your case.

At Konta Georges & Buza P.C., we believe survivors deserve both compassionate support and aggressive legal advocacy as they seek to hold perpetrators accountable and recover compensation for the harm they’ve suffered.

Take the First Step Toward Justice Today

At Konta Georges & Buza P.C., we understand the courage it takes to come forward after experiencing sexual assault. Our dedicated team is ready to listen to your story with compassion, explain your legal options clearly, and fight tirelessly for the compensation and accountability you deserve. Contact us today for a confidential consultation and let us help you navigate the path toward healing and justice.