Lawsuit Update Center
The page explains how a New York sexual abuse lawsuit works so you decide for yourself whether it is something you want to do. There are pros and cons of stepping forward. Our lawyers get that. So this page tries to give you some context to make that decision.
Our lawyers examine how New York law defines sexual abuse and assault and when victims of sexual abuse can file civil lawsuits and get compensation. We will also analyze the most important benefit of bringing a sex abuse lawsuit by giving you the potential settlement value for sex abuse lawsuits in New York.
What Is “Sex Abuse” as Defined By New York Law?
In New York, sexual assault or sexual abuse is defined as sexual touching or contact without the other person’s consent and for the purpose of sexual gratification. In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery. Under this definition, a wide range of acts (from groping a breast to violent rape) meets the definition of sex abuse.
There are two key elements that must be present to meet the definition of sexual abuse in New York. First, the contact or touching must be intentionally done for the purpose of sexual gratification. Grabbing a woman’s breast in a crowded elevator or catching her from falling is not sexual abuse because there is no sexual intent behind the contact.
The second essential element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without mutual consent. Under New York law, minors under the age of 18 cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.
So even if a 16-year-old fully consents and enthusiastically participates in sexual activities with a 25-year-old, those activities meet the definition of sexual abuse because that 16-year-old lacks the legal capacity to give that consent.
When Can Victims of Abuse File Lawsuits?
In New York, sexual abuse or assault is both a crime and a civil wrong or “tort” (the tort version is sometimes referred to as “sexual battery”). This means sexual abuse victims can pursue criminal charges and/or file a civil lawsuit to seek financial compensation. Any individual who has suffered from sexual abuse or assault has the right to pursue either or both options, although prosecuting the criminal charges is not necessarily within their control.
Victims of sexual abuse can pursue a civil lawsuit regardless of whether the individual who committed the abuse was ever criminally charged or convicted. In fact, victims can bring a civil lawsuit even if they never reported the abuse to the police and even if they never told anyone about it.
The burden of proof required to establish sexual battery in a civil case is notably lighter compared to that in a criminal trial. This means that it is much easier for a plaintiff in a civil lawsuit to demonstrate the occurrence of sexual abuse or assault. So even if an offender evades criminal prosecution, they can still be held liable in a civil court of law.
Getting Money from Third Parties in Sex Abuse Lawsuits
Anyone who has been sexually abused or assaulted has the right to file a civil lawsuit and seek compensation. Victims can file civil lawsuits for sexual abuse even if they did not press criminal charges and even if they never told anyone about the abuse.
So who can sex abuse victims sue in a civil lawsuit? Victims of abuse can always file suit against the individual who abused or assaulted them. The problem with doing that, however, is that even if you win the lawsuit you probably won’t be able to get any money out of the abuser. In many cases, the abuser might already be dead or in jail.
The real goal in a sexual abuse civil lawsuit is going after a third party who can be held liable for the abuse. Because, bluntly, that is where the money is for settlement compensation. Third parties can be held liable in a civil sex abuse lawsuit if you can show that they were negligent and that this negligence allowed the abuse to happen.
For example, if you were abused by a teacher at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Common examples of third parties who can be liable in sexual abuse civil lawsuits include schools, juvenile detention centers, churches, and organizations.
Residential Treatment Facility Sex Abuse Lawsuits
Our sexual abuse lawyers are increasingly focused on cases involving residential treatment facilities in New York, where allegations of abuse and neglect are coming to light. As these cases gain traction, facilities operated by companies such as Universal Health Services (UHS), Acadia Healthcare, and other major behavioral health organizations are under scrutiny. These corporations run numerous treatment centers across New York, many of which serve vulnerable children and adolescents in need of mental and behavioral health support.
These are often depressingly strong claims because the indifference to taking the most basic steps to protect kids from sexual abuse were nonexistent. In these lawsuits, plaintiffs’ attorneys convincingly argue that these organizations accepted substantial taxpayer funding (often through Medicaid and child welfare programs) yet failed to uphold the safety standards necessary to, not protect those in their care. Congress has told us that many of these facilities prioritize financial gain over patient safety, creating environments where physical and sexual abuse occur unchecked.
Frequently Asked Questions About New York Sex Abuse Lawsuits
Can I sue my abuser even if they were never arrested or charged?
What if the abuse happened decades ago—do I still have time to sue?
Can I sue a school, church, hospital, or other institution if one of their employees abused me?
What kind of evidence do I need to file a lawsuit?
Will I have to testify in court or face my abuser?
Can I file my lawsuit anonymously?
How long does a sex abuse lawsuit take to resolve?
How much is a sex abuse lawsuit worth in New York?
New York Statute of Limitations for Sex Abuse Lawsuits
The statute of limitations is the legal time limit for filing a lawsuit. If you wait too long, your claim can be permanently barred, no matter how strong the evidence or how serious the harm. For survivors of sexual abuse, understanding these deadlines is critical because in many cases, they determine whether a lawsuit can even begin.
New York law now gives survivors of childhood sexual abuse significantly more time to file. If the abuse happened when the victim was under 18, that person has until their 55th birthday to bring a civil claim. This extended window recognizes the realities of trauma and delayed disclosure. It gives survivors the time they may need to come forward on their own terms.
This law applies not just to lawsuits against individual abusers, but also to claims against institutions, such as schools, religious organizations, youth programs, foster care systems, if those entities played a role in enabling the abuse or failing to stop it. In other words, New York law now thankfully allows survivors to hold both individuals and institutions accountable, provided the claim is filed before the survivor reaches the age of 55.
For adult survivors of sexual abuse, those 18 and older at the time of the incident, the timeline is harsher In most cases, there is a three-year statute of limitations from the date of the assault. That deadline may vary depending on the specific circumstances, including when the survivor reasonably discovered the harm caused by the abuse.
So here is the best explanation we can give:
| Type of Case | Who It Applies To | Time Limit to File | Status |
|---|---|---|---|
| Child Victims Act | Victims of sexual abuse under age 18 | Until the victim turns 55 years old | Active |
| CVA Look-Back Window | Any age, if abuse occurred as a minor | One-year window (Aug 2019–Aug 2021) | Closed |
| Adult Survivors Act | Victims over 18 at time of abuse | One-year window (Nov 2022–Nov 2023) | Closed |
| Standard Civil Lawsuit (Non-CVA/ASA) | Most other sexual abuse civil claims | Generally, 3 years from the incident | Varies |
Settlement Payouts in New York Sex Abuse Lawsuits
The settlement amounts in sex abuse lawsuits hinge on the defendant’s financial resources and whether they have the resources or insurance coverage to pay a settlement or verdict.
The sad reality is that even strong claims can result in little to no financial recovery if the defendant lacks the means to pay a judgment or settlement. Cases involving deep-pocket defendants, such as large institutions, school districts, religious organizations, or healthcare providers, offer the best chance for settlement compensation because they have substantial assets or insurance policies to cover liability. Without a solvent defendant or sufficient insurance coverage, the likelihood of obtaining a meaningful recovery is much lower, and plaintiffs may face the risk of receiving nothing even if they win a judgment.
Once you get past that sometimes high hurdle, the nature and extent of the victim’s harm is the critical factor in determining settlement amounts. Settlements are typically higher in cases where the abuse has led to severe physical and emotional trauma with long-term impacts on the victim’s life. Factors such as medical expenses, psychological therapy costs, lost wages, and pain and suffering are considered to determine the extent of compensatory damages. Compensation tends to be higher for younger victims than older victims.
Finally, the strength of the evidence plays a crucial role in calculating settlement values. Substantial evidence, such as documentation, credible witness testimony, prior complaints, or a pattern of abuse allegations, significantly increases the likelihood of a higher settlement payout.
Verdicts and Settlements in New York Sex Abuse Lawsuits
- $25,000,000 Verdict (New York 2025): The plaintiff sued her brother, alleging that he sexually abused her for 7 years when they were children. The abuse occurred back in the 1970s and the plaintiff was able to bring the case under a new NY law that created a look-back window to file previously expired claims. The brother failed to appear to defend the case, and a verdict of $25 million was entered, which included $5 million in punitive damages.
- $30,000,000 Verdict (New York 2025): A man sued Paul Archer Caillaud, an attorney posing as a doctor, for sexually abusing him as a teen at a scout camp in the 1980s. Utilizing the Child Victims Act, the victim secured a $30 million jury award, including $20 million in punitive damages, after the jury ruled Caillaud fostered a false medical identity to drug and assault him over two nights.
- $1,680,000,000 Verdict (New York 2025): In April 2025, a New York jury awarded $1.68 billion to 40 women who accused director/writer James Toback of decades-long sexual abuse (1979–2014). The award comprised $280 million in compensatory damages and $1.4 billion in punitive damages, enabled by New York’s Adult Survivors Act; many of the abusers used false promises of film roles to prey on victims
- $1,600,000,000 Verdict (New York 2025): Legal filings in April 2025 confirmed a combined $1.6 billion judgment in favor of 104 women who accused former pediatrician Stuart Copperman of childhood multiple sexual assaults, resulting in one of the largest sex-abuse verdicts in state history under similar survivor-friendly laws. The problem with this verdict is that the victims will unlikely see a penny of it because there was no third-party institution liable.
- $450,000 Settlement (New York 2025): The State of New York agreed to pay $450,000 to a former aide who accused ex-Governor Andrew Cuomo of groping and sexual harassment in 2020.
- $1,600,000 Settlement (New York 2024): The plaintiff was a former inmate at Rikers Island who alleged that he was sexually abused by a physical therapist who worked at the clinic in the jail. He claimed that he was forced to perform oral sex on the therapist after he was threatened. The physical therapist was eventually convicted on criminal charges, and the City of New York agreed to settle the civil case.
- $150,000,000 Verdict (New York 2024): The plaintiff claimed that her former high school teacher sexually abused her when she was a 15-year-old student. She claimed that the sexual abuse caused long-term emotional damage. The defendant disputed the allegations and claimed that he had a consensual relationship with the plaintiff that began after she turned 18. The verdict included $50 million in punitive damages.
- $95,000,000 Verdict (New York 2023): The plaintiff alleged that when he was only 15 years old, he was sexually abused by a Catholic priest. The abuse took place in the priest’s vehicle in 1979. The plaintiff had no connection to the church, and the priest simply offered to give him a ride home.
- $10,000,000 Verdict (New York 2022): The plaintiff worked as a promoter in the entertainment industry. She alleged that the defendant, a famous and award-winning writer, director, and producer, sexually abused her. She claimed that the defendant lured her back to his house after a movie premiere and raped her.
- $17,500,000 Settlements (New York 2020): $17.5 million in settlement compensation was paid to a group of victims that included over 100 individuals all of whom alleged that they were sexually abused by clergy within the Diocese of Buffalo. The settlement payouts to victims ranged from $20,000 to $650,000.
Contact Us About New York Sex Abuse Lawsuits
If you were the victim of sexual abuse in New York, call our national sex abuse lawyers today at 888-322-3010 or contact us online.
