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Sexual Abuse

New York

The present state of New York’s statute of limitations in sexual abuse cases is summed up by the National Conference of State Legislatures as follows: 

“In New York, there is no extended statute of limitations for sexual abuse; however, if the abuse is treated as an intentional tort, New York’s SOL is one year. N.Y. Civil Prac. Law § 215. If the victim brings a claim against a church or school which administered the perpetrator, or any action that is based in negligence, rather than criminal behavior, the SOL is 3 years – N.Y. Civil Prac. Law § 214. New York adopted a special statute of limitations for victims of sexual crimes in 2006 – N.Y. Civil Prac. Law §213-c. The statute provides that actions for civil damages for defined sexual crimes, including sexual abuse of a minor, may be brought within 5 years of the acts constituting the sexual offense.” 

A proposed law, known as the “Child Sexual Abuse Reform Act,” [A.01042 (Prestlow)] would amend  the CPLR by adding a section 213-d which would extend the SOL from 3 to 6 years the time in which to bring an action where the plaintiff was disabled as a result of infancy/insanity at the time the action accrued.  It would also add a revival statute of 2 years as to any action that  had been previously barred by the SOL.  On January 9, 2013, it was referred to the Codes Committee.  It is a one-house bill, with no comparable Senate bill.   Another bill, A.04008 (Gabyszak), with multi-sponsors, proposes the addition of section 214-f to the CPLR, which would extend the SOL to 15 years of the act, beginning after the present tolling period for infancy or after the reporting of the incident, whichever is earlier.  This bill has been introduced in legislative sessions from 2003 through 2009.  It was introduced on January 30, 2013, and referred to Codes.

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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