Can You Sue Someone Who Molested You as a Child in NYC?
At least once a week, we get asked, can you sue someone who molested you as a child in NYC?
The answer is yes, you can.
Survivors of childhood sexual abuse now have more rights to file a civil lawsuit, even if the abuse happened many years ago.
Many sexual abuse survivors need years to process what happened and to feel ready to seek justice.
The law takes this into account.
If you were sexually assaulted as a minor, you may still have the right to file a civil claim.
Seek out the help you need to understand the claim process and seek compensation for your suffering.
The Child Victims Act and the Statute of Limitations
Almost every survivor wants to know about the statute of limitations.
In the past, the statute of limitations barred many survivors of childhood sexual abuse from filing a civil claim once they reached their early twenties.
Now, under New York’s Child Victims Act, survivors can file a civil lawsuit until they turn 55. This change acknowledges that trauma from sexual assault can make it hard for survivors to come forward earlier.
You may still be able to file in civil court, even if the abuse occurred a long time ago.
Since laws and deadlines can change, it is important to check your specific statute of limitations with a child sexual abuse attorney.
Who Can You Sue?
| Potential Defendant | Legal Basis for Civil Lawsuit |
|---|---|
| The Individual Abuser | A survivor may file a civil lawsuit directly against the perpetrator of the childhood sexual abuse to seek financial compensation and accountability. |
| Negligent Institution or Organization |
A civil claim may also be brought against an institution if the abuse occurred due to negligence, failure to supervise, ignoring complaints, or concealing misconduct. Organizations commonly sued include churches, Catholic dioceses, schools, foster care agencies, and youth organizations. Survivors have the right to pursue justice when institutions enabled or failed to prevent the abuse. |
Civil Court vs Criminal Court
| Legal Process | Standard of Proof & What It Means |
|---|---|
| Criminal Court |
The standard is “beyond a reasonable doubt,” which is the highest legal burden of proof. Prosecutors must prove the charges with near certainty in order to obtain a conviction. |
| Civil Court |
The standard is lower, “more likely than not.” A survivor only needs to show that it is more probable than not that the sexual assault or childhood sexual abuse occurred. A civil claim may proceed even if no arrest was made, the abuser was not convicted, or the criminal case was dismissed. |
A sexual abuse attorney can help you understand the difference between civil and criminal standards, such as reasonable doubt, and guide you as you seek justice.
What Compensation Can Sexual Abuse Survivors Recover?
Sexual abuse survivors can use a civil lawsuit to seek compensation for:
- Emotional trauma
- Therapy and psychiatric treatment
- Medical expenses
- Lost earnings
- Pain and suffering
When survivors of childhood sexual abuse file a civil claim, they can recover financial damages and take steps toward justice.
At Greenstein & Pittari, LLP, our legal team knows that trauma from sexual assault can affect every part of a person’s life.
Greenstein & Pittari attorneys work to build strong cases using testimony, records, and every evidence needed.
Your Day in Court
When your day in the civil court arrives, it’s also important to understand what happens during that time. For example, you might not be sure what evidence to prepare or what to expect from the defense.
Typically, that’s where your lawyer can step in to help.
They understand that you’re facing a difficult, traumatic situation, as well as a serious legal situation.
They can help you gather evidence that supports your claim, including interviews and testimony, and they can help you present that evidence in court.
Even if the abuse occurred decades ago, documentation and testimony can support your civil lawsuit.
They can also help you defend yourself if the responsible party pushes back against your claims.
Unlike criminal court proceedings focused on punishment, civil court focuses on financial accountability and justice for sexual abuse survivors.
Then, once all the evidence has been shared, the judge will then make their decision on your claim.
You can rest assured that your attorney will work diligently to achieve the justice you deserve for the abuse you experienced.
Why Acting Quickly Matters
The statute of limitations now lasts until age 55, but waiting can make it harder to gather evidence. These rules can be complicated, and sometimes there are exceptions.
A qualified sexual abuse attorney can look at when the abuse happened, figure out your statute of limitations, and let you know if your civil lawsuit is still possible.
Acting sooner gives you a better chance to seek justice.
Reach out for a New York Child Sexual Abuse Lawyer’s Help
So, can you sue someone who molested you as a child in NYC?
Of course you can.
If you’ve suffered from child sexual abuse, the road to recovery is long and difficult. Fortunately, you don’t have to face your sexual abuser alone.
Instead, your lawyer at Greenstein & Pittari, LLP can help you seek out the compensation you deserve for your suffering.
They know how to sue for child sexual abuse in New York, which means they have the resources you need for your claim.
You can also get started with a free consultation, which gives you a chance to discuss your claim with an attorney before you work with us.
To get started, reach out to a New York child sexual abuse lawyer by calling 1-800-VICTIM2 (842-8462) or by completing the online form below.
Frequently Asked Questions
1. Can you sue someone who molested you as a child if the abuse occurred decades ago?
Yes. In New York, survivors of childhood sexual abuse can file a civil lawsuit until they turn 55, even if the abuse happened a long time ago.
2. What is the statute of limitations for childhood sexual abuse in NYC?
Survivors can bring a civil claim until they are 55 years old. A sexual abuse attorney can explain how the statute of limitations affects your situation.
3. Do I need criminal charges to file a civil lawsuit?
No. In civil court, you do not need to prove your case beyond a reasonable doubt. The standard of proof is lower than in criminal cases.
4. Can sexual abuse survivors sue institutions?
Yes. Survivors can file a civil claim against institutions if their negligence led to sexual assault or childhood sexual abuse.
5. Who should I contact to seek justice in NYC?
If you want to seek justice, contact Greenstein & Pittari, LLP. Our experienced attorneys represent survivors of sexual abuse in civil court across NYC.