The Closing Lookback Window for Survivors of Sexual Assault

By Zachary Margulis-Ohnuma

If you have been hurt by a sexual abuser in New York the last two decades, now is the time to hire a lawyer and file a lawsuit. Adult victims of sexual assaults are often frustrated by the “statute of limitations” that can block them from suing their attacker because they waited too long to take action.

That’s changing.

Things started to get better for adult survivors in 2019, when New York extended the statute of limitations to twenty years, but there was a problem: the 2019 law only applied to future cases.

So last year, Gov. Hochul signed a bill that gave victims a one-time-only chance to sue their abusers and facilitators (schools, hospitals, jail officials and anyone else who looked the other way and let the abuse continue) for attacks going back two decades.

The new law is known as the “Lookback Window.” And it is closing soon.

Survivors have only until November of this year to file a lawsuit. If you were sexually assaulted in New York and want to recover damages, you should look to hire a lawyer right now. A lawyer will need time to meet with you, investigate the case, and prepare the papers for court. After November of 2023, the old rules snap back into place. People assaulted before 2019 will face strict time limitations preventing most from filing law suits.

The Lookback Window only opened about five months ago. So far, there is no evidence that the expected flood of cases is swamping the New York Courts. In other words, women abused by prison guards, college students raped by other students or professors, employees assaulted at strip clubs, and victims of date rape are not filing suits that they probably could.

We hope that will change.

While we are committed criminal attorneys who believe that human beings should rarely if ever have their freedom taken away, we also believe that victims who are hurt by sexual assaults should be fairly compensated for the harm they suffer, even if time has passed. It is so hard for women (and men) to come forward after a sexual assault. Feelings of shame and self-blame can be paralyzing. Assailants can manipulate victims into silence, by subtle or not-so-subtle means. The new New York law only takes away one hurdle: overcoming the grief and shame is still a problem.

Some disclaimers: Many law firms are advertising their services to try to generate New York Adult Survivors Act and Child Victims Act cases; some of these firms may have different practice focuses and little experience with sex crimes. Speak to your proposed lawyer carefully and ask tough questions before choosing. Our firm only takes carefully selected cases where we are confident we can prove liability and damages are significant. While we hope you will contact us, we cannot guarantee we will be able to handle your case and past results do not guarantee a future outcome. Also, these statute-of-limitations questions are complicated and a non-lawyer is not qualified to figure it out for herself. If in doubt, move quickly so your case does not become time-barred. If you are ready to seek damages for sexual assault or abuse, please contact us.

Photo by RODNAE Productions: https://www.pexels.com/photo/text-6003414/