Helping Survivors
New York Sexual Assault Statue of Limitations
Surviving an incident of sexual assault or abuse is a life-changing experience. It’s hard to know where to start putting your life back together. However, there are state and regional support, advocacy, and reporting resources to help sexual assault survivors in New York State seek justice and recovery. Whether or not you choose to report the abuse or pursue your legal options, Helping Survivors is here to provide immediate assistance and connect you with legal guidance.
Statutes of Limitations for Reporting and Legal Action
In New York State, criminal statutes of limitations for sexual assault vary depending on the nature of the offense and the age of the victim at the time it occurred. There are no deadlines for prosecutors to bring charges for certain severe offenses such as first-degree rape, aggravated sexual assault, and first-degree sexual conduct against a child. Thus, they can be prosecuted at any time, regardless of how long ago the crime occurred.
For other sexual crimes, if the victim was under 18 when the crime occurred, the statute of limitations generally does not begin to run until the victim reaches the age of 23 or the crime is reported either to law enforcement or the state child abuse registry, whichever is sooner.
Civil Claims
In a civil lawsuit, a survivor can pursue compensation from the perpetrator and anyone who enabled the abuse. Victims can generally pursue compensation for the damages they’ve suffered, such as medical bills, therapy costs, lost wages and income, lost earning capacity, pain and suffering, emotional distress, and more. Civil suits differ from criminal prosecutions because they do not result in jail time or other criminal penalties.
The statute of limitations for civil sexual abuse lawsuits in New York state changed in 2019. For offenses occurring in 2019 and later, adult victims of sexual abuse have 20 years from the date of the offense to file a civil lawsuit. People who were sexually abused as children have until age 55 to file a civil suit against the offender, regardless of when the offense occurred.
Time-Barred Sexual Abuse Claims and ‘Look-Back’ Windows
The new law does not apply to sexual offenses that occurred before 2019. However, people with previously time-barred sexual abuse claims had “lookback” windows to file suit over old offenses that were ineligible under the previous statute of limitations. These windows ran from 2019 to 2021 for survivors abused as children and from 2022 to 2023 for survivors abused as adults.
There are no look-back windows for civil sex abuse cases currently in effect in New York state, so your case may still fall outside the Empire State’s old statute of limitations if it occurred before 2019. However, if the harm occurred in New York City, a 2022 amendment to the city’s Victims of Gender-Motivated Violence Protection Law opened up a two-year look-back window. All victims of sexual violence in New York City, regardless of how long ago it occurred, now have until February 28, 2025, to file a civil lawsuit.
To determine the deadline for your case, speak with an experienced and knowledgeable attorney immediately.
Reporting Sexual Abuse
There are several options for reporting sexual abuse and assault in New York. The state offers a phone hotline, an online reporting system, and other resources for survivors to report. Generally, you can still report sexual abuse that occurred in the past. When you report past incidents of abuse, the agency you contact will advise you further about your options to move forward with the reporting process. These depend on the nature of the abuse reported, the age you were when the abuse occurred, and the applicable statute of limitations, among other factors.
Where To Report
Where to go to report sexual abuse depends on when you’re calling and what you’re calling about, as follows:
- For immediate danger or emergencies, call 911. If you believe that you or someone else is at risk of immediate harm, get law enforcement to the scene as fast as possible.
- For sexual assault and abuse cases that are not immediate emergencies, you have a few options for reporting. The Rape, Abuse & Incest National Network, or RAINN, operates the National Sexual Assault Hotline at 1-800-656-HOPE (4673), which can provide support over the phone and inform you more about your options.
- For more localized assistance, the New York State Office for the Prevention of Domestic Violence operates the New York State Sexual Assault and Domestic Violence Hotline at 1-800-942-6906, which can provide you with resources specific to New York State.
How To Report Sexual Abuse and Assault
The process of reporting sexual abuse and assault differs depending on the age of the victim.
Reporting Child Sexual Abuse
If you believe a child is being sexually abused or witness abuse taking place, you must report the abuse immediately. If you are a mandated reporter, such as a teacher or a health care professional, who suspects or witnesses child sexual abuse, you are legally obligated to report the abuse and may face consequences if you fail to do so.
To report child sexual abuse, contact the Office of Children and Family Services‘ Statewide Central Register of Child Abuse and Maltreatment at 1-800-342-3720 or call your local police department. You must provide the child’s name, address, and contact information for a parent or guardian. You must also provide details of the suspected abuse or maltreatment.
Reporting for Adults 18 and Older
In general, you can report sexual abuse or assault of adults 18 and older to law enforcement at the local police department or precinct covering the area where the harm occurred. Call the department’s non-emergency line if the abuse is not actively occurring. Your local law enforcement or sexual abuse support center may have options for anonymous reporting.
A report of sexual abuse should include the following:
- The survivor’s personal information, unless the report is anonymous
- Detailed account of the abuse, including dates, times, and locations
- Any evidence or witnesses to support the report
The reporting process can be complex, and many survivors find it difficult. A report will trigger a criminal investigation, and prosecutors will ultimately decide whether to file criminal charges. Victims often have little influence over the decision to press charges. You may have to testify against the perpetrator in court if charges are filed.
The criminal justice process may be the right path for you to obtain justice. However, no matter what you decide to do, you still have access to other sexual assault support resources in New York.
Help and Support Centers Across New York
Statewide Resources
The New York State Coalition Against Sexual Assault, or NYSCASA, is New York’s primary statewide sexual assault resource. It offers local crisis program referrals, emotional support, and advocacy for survivors of assault and abuse.
Local Support Centers
There are many local help and support centers for survivors of sexual assault in New York. Most of these have their own sexual assault emergency hotlines to connect sexual assault survivors with resources, often including medical help. Here are some local support centers:
Albany:
- Services: Counseling, advocacy, and support for sexual assault survivors
Rochester:
- Services: Counseling, advocacy, and support for sexual assault survivors
Buffalo:
- Services: Crisis intervention and trauma counseling
Syracuse:
- Services: Trauma counseling and crisis support
Ithaca:
- Services: Counseling and advocacy for survivors of sexual and domestic violence
Yonkers:
- Services: Support groups and counseling for survivors
New York City:
- Services: Support groups, counseling, and trauma recovery workshops
You can also search for assault and abuse crisis centers in your county on the New York State Department of Health website.
Online Support Resources
Support resources are also available online to survivors. Nationwide online support services are available through the RAINN.
The New York State Department of Health has online resources for survivors through its Rape Crisis Program. Online services typically include counseling, legal and medical information, hotline support, and external referrals.
Reach Out for Help After Sexual Abuse
If you’ve been sexually abused or assaulted in New York, you’re not alone. Whether or not you choose to report the assault and pursue your legal options, support centers can help you process the abuse and begin to move forward through counseling, medical assistance, and other paths for recovery. Resources are available locally and statewide for every step of your healing journey.
There is no “right” way to navigate the process of healing from sexual abuse. Helping Survivors can answer further questions you may have about your options in New York after sexual assault. We can also connect you with a skilled and experienced attorney who can advise you about your legal options and pursue the justice you deserve.
