New York City Child Abuse Lawyers
Seeking justice for child abuse in New York? Frekhtman & Associates fights for maximum compensation and protection for young victims and their families in NYC.
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New York signed the Child Victims Act into law on February 14, 2019. It gave survivors of childhood sexual abuse far more time to sue the people and institutions responsible. It also opened a temporary window for claims that had already expired. That window closed on August 14, 2021.
Today, the main civil route is CPLR section 208(b). It lets a survivor of childhood sexual abuse file a civil lawsuit until their 55th birthday, as long as the claim hadn’t already expired when the law took effect. Our attorneys, led by founding partner Arkady Frekhtman, can tell you in a free consultation whether that deadline covers your case.
Some abuse involves no physical contact at all. Using a child in a sexual performance, including photographs or video, falls within the statute.
Childhood sexual abuse is heavily underreported, and its harm can last a lifetime. The RAINN statistics page collects national data on how often it happens and how rarely it is reported.
If a child is in danger now
Call 911. To report suspected abuse, call the New York State Child Abuse Hotline at 1-800-342-3720. Survivors can reach the RAINN National Sexual Assault Hotline at 1-800-656-4673 at any hour.
Which deadline applies to your case?
Four different rules can apply, depending on your age when the abuse happened, what kind of abuse it was, and who is responsible. Two of them have closed.
Childhood sexual abuse: until age 55 under CPLR 208(b)
CPLR section 208(b) covers civil claims for conduct that would be a sexual offense against a person under 18. That includes Penal Law Article 130 sex offenses, incest, and using a child in a sexual performance. A survivor can sue until age 55.
The deadline applies to the abuser. It also applies to any person or institution whose intentional or negligent conduct allowed the abuse to happen. Schools, religious organizations, youth programs, and foster care agencies are frequent defendants.
The extension helps survivors whose claims were still open on February 14, 2019. It doesn’t bring back a claim that had already expired by that date.
The CVA revival window closed on August 14, 2021
The Child Victims Act also created a one-time revival window under CPLR section 214-g. It let survivors of any age file claims that had already expired. The window opened on August 14, 2019. New York extended it once, and it closed on August 14, 2021.
A claim that depended on that window can’t be filed today unless the legislature reopens it.
Abuse that continued after age 18
The Adult Survivors Act opened a separate one-year window for sexual offenses committed against adults. It ran from November 24, 2022, to November 24, 2023, and is now closed.
Physical abuse and neglect
The age-55 rule covers sexual abuse only. Physical abuse and neglect claims follow New York’s standard injury deadlines. Those don’t start running until the child turns 18, but they are far shorter than the sexual abuse deadline. A survivor of physical abuse should get a case review soon after turning 18.
Claims against public schools and city agencies
Most claims against a city, county, or public school require a notice of claim within 90 days. The Child Victims Act removed that requirement for childhood sexual abuse claims.
How the child victims act changed criminal cases
The law also gave prosecutors more time. For many sex offenses against children, the criminal limitation period now starts when the victim turns 23 or when the crime is first reported, whichever comes first. Felony charges can be brought until the survivor turns 28, and misdemeanor charges until 25.
Some of the most serious felonies, including first-degree rape, have no criminal limitation period at all.
A civil lawsuit doesn’t depend on a criminal case. You can sue even if no one was ever charged or convicted.
What are the two main categories of sexual abuse of children?
The New York courts and legal system fully understand that many different types of unwanted or inappropriate sexual touching and other contact can constitute sexual abuse. In general, there are two main categories of abuse that make it possible for survivors to file claims.
- The child had to cope with unwanted sexual contact. No consent was given to the perpetrator. To constitute sexual abuse, actual physical penetration of the victim does not have to occur to be actionable. As noted above, involving a child in any form of pornography, voyeurism – or simply exposing one’s sexual organs to a child — may support a lawsuit, depending on the conduct and on which deadline applies.
- The child victim may have given “consent” but was clearly underage. Far too many adults in “trusted” positions in a teenager’s or child’s life know exactly how to verbally manipulate (or even “threaten”) a child to obtain what the adult considers “consent.” It’s important to remember that if you’re under New York state’s age of consent – seventeen years of age — you cannot provide legal permission or “consent” to any conniving adult who tried to use you. (Unique standards may also be applied if a somewhat older teen or young adult — with an established level of mental health issues — is assaulted or abused).
What are the most common types of sexual abuse committed against young people?
- Rape
- Unwanted touching or groping – this normally involves the child’s “private parts;”
- Sexual exploitation of any kind. This can take many forms – it might even involve forcing a child to pose nude or partially clothed for photographs;
- Providing a young child or teen with drugs or alcohol while trying to sexually abuse that individual.
What will typically happen if we file this type of lawsuit on your behalf?
Everything you share with us stays confidential. You set the pace, and we explain each step before it happens.
- We’ll ask who was involved. That means the abuser and anyone who may have known, such as teachers, coaches, clergy, or staff. Witnesses, records, and earlier complaints often decide these cases, and we’ll tell you honestly what the evidence shows.
- You’ll work directly with an attorney. Our staff gather records and keep you updated.
- If a criminal case is open, we stay in contact with prosecutors so the two cases don’t work against each other.
- We pursue every party responsible. That includes the institutions that hired, supervised, or protected an abuser.
Talk to a New York City child abuse lawyer
If you or your child was sexually abused in New York, talk to an attorney before any deadline runs. The consultation is free and confidential, and you pay no fee unless we recover compensation for you.
Compensation in these cases can cover therapy and medical costs, lost wages, and pain and suffering.
Call 24/7, toll free: (866) 288-9529
Brooklyn: (718) 331-7700
Bronx: (718) 733-9300
Queens: (718) 331-3330
Or request a free consultation online.
Offices in Brooklyn (Bath Beach and Bedford-Stuyvesant), the Bronx, Forest Hills in Queens, Midtown Manhattan, and the Financial District. Russian-speaking attorneys and staff are available.
Prior results do not guarantee a similar outcome. Every case is unique, and the value of any claim depends on its specific facts.
The Right Representation Near You
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. We have our office located all over New York City, so you don’t have to worry about office visits. You can find and visit one of our offices near you.