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Sexual assault is a traumatic experience that can cause lifelong emotional damage. Many victims of sexual assault require a lifetime of therapy just to begin to recover from the harm they suffered. Therapy is expensive, though. And that is only one of the potential expenses involved in recovering from sexual assault.

What can you do to avoid financial harm after suffering sexual assault? If you live in New York, one option is to file a sexual assault lawsuit against the responsible party. There are limits to this option, but it may be able to help with your recovery.

Time Limits

The most meaningful limit to filing a sexual assault lawsuit is the statute of limitations. New York places a strict one-year limit on filing lawsuits for intentional torts. And all types of assault are considered intentional tort.

This is distressing because most victims of sexual assault aren’t able to act against their assailants within a year of getting assaulted. It isn’t uncommon for victims of sexual assault to need years or even decades to admit what happened to them.

The New York legislature recognized this concern in 2019. That year, it passed legislation that increased the statute of limitations for sexual assault to 20 years, but it only applies if you were assaulted after 2019. What can you do if you were assaulted before 2019?

Often, you can’t do anything. However, that isn’t always the case. New York has a history of passing legislation that allows victims of sexual assault to ignore the statute of limitations.

For example, in 2019, New York passed the Child Victims Act. It created an exception to the statute of limitations that allowed adult victims of child sexual assault to file lawsuits regardless of how much time had passed. However, this exception only lasted one year.

Then, in 2022, the legislature passed a similar law that allowed adult victims of adult sexual assault to ignore the statute of limitations. The Adult Survivors Act was fashioned based on the Child Victims Act and gave victims one year to act, regardless of the statute of limitations.

As of 2025, you have 20 years to act if you were sexually assaulted after 2019. Unfortunately, if you were assaulted before that year, there are currently no options. But given the history of New York legislation, another exception may be passed into law in the future.

Difference Between Criminal and Civil Action

One of the more confusing things about the U.S. legal system is that it has both a criminal and civil side. If someone sexually assaults you, they have committed a criminal act, and the state can file charges against them.

However, this is different from a civil lawsuit. While evidence from one case can usually be used in the other, the perpetrator doesn’t have to be criminally charged for you to be able to file a civil lawsuit against them.

Due to different statutes of limitations, sometimes, only one type of legal action is possible. For example, in child sex abuse cases, the statute of limitations for civil action ends when the victim turns 55, but the criminal statute of limitations ends when the victim turns 28.

Compensation From a Sexual Assault Lawsuit

When you file a sexual assault lawsuit, you are demanding financial compensation for the harm you suffered.

Certain types of financial compensation are easy to define. These are called economic damages. They compensate you for expenses or costs resulting from the assault. This means you can get compensation for expenses like therapy costs or lost work time due to emotional stress.

However, that isn’t the only compensation you are eligible to get. You can also get non-economic damages. These are damages that compensate you for the emotional pain and suffering you endured from the assault.

Because the emotional suffering from sexual assault often lasts a lifetime, non-economic damages can be quite high. In some cases, they may be valued at hundreds of thousands of dollars or even millions of dollars. An experienced personal injury lawyer can help you determine the value of your claim during a free consultation.

If You Were Sexually Assault in New York, ASK4SAM

Sexual assault is a traumatic attack on your body and dignity. Regardless of your age, if you were sexually assaulted in New York, you deserve to be represented by an experienced attorney who will fight to get you the compensation you need. Contact Silberstein & Miklos and ASK4SAM to schedule a free consultation.