Child Victims Act FAQ
What if I am already older than 25 or 28?
You can still file civil charges under the one-year window that begins on August 14, 2019.
What if I am older than 55?
You can still file civil charges under the one-year window that begins on August 14, 2019.
What you can do:
| AGE | What you can do |
| Under 18 |
|
| Between 18 and 22 |
|
| 23 and Older |
|
What is the difference between a criminal and a civil case?
In a criminal case, the state decides if and how to pursue the case. If the abuser is convicted, they may be sentenced to jail or prison.
In a civil case, the survivor, not the state, makes decisions that shape the case, including whether to sue, accept a settlement offer, or go to trial. If the court rules in favor of the survivor, the abuser may have to pay damages.
Civil litigation often holds institutions, like churches, schools or organizations, accountable.
What does the one-year window do?
The one-year window allows any survivor who couldn’t file a case under the previous statute of limitations to file a civil case.
This includes survivors who have never filed a case or claim and those whose cases were dismissed because of the previous statute of limitations. Survivors of ANY age can file a civil case during this one-year window.
When can I file a suit under the one-year window?
Suits can be filed between August 14, 2019, and August 13, 2020. The suits don’t need to be finished before August 2020, just filed.
New York State Child Victims Act One-Year Window FAQ
What is the one-year window?
Starting August 14, 2019, ANY adult survivor of child sexual abuse who is 23 or older can bring a civil case against their abuser.
That includes survivors who never before brought a case and survivors who filed cases but couldn’t move forward because the statute of limitations had expired.
The window lasts through August 13, 2020. Suits must be FILED during that window, but they don’t need to be resolved during that window.
Does the one-year window apply to criminal cases?
No, the one-year window only applies to civil cases.
What if I’m between the ages of 18 and 22?
If you are a survivor between the ages of 18 and 22, the one-year window does not apply to you. You have more than one year to decide on filing a lawsuit.
You can file civil charges up until age 55, and you have until age 28 to file felony charges and age 25 to file misdemeanor charges
What if I’m older than 23?
Any survivor older than 23 can file a civil case under the one-year window that starts August 14, 2019.
Even if I’m older than 55?
Any survivor over the age of 23 can file a civil case during the one-year window.
