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Commentary | Resources
New York adopted a special statute of limitations for victims of sexual crimes in 2006. 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. The text of the statute is as follows:
§ 213-c. Action by victim of conduct constituting certain sexual offenses
Notwithstanding any other limitation set forth in this article, a civil claim or cause of action to recover from a defendant as hereinafter defined, for physical, psychological or other injury or condition suffered by a person as a result of acts by such defendant of rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the first degree as defined in section 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law may be brought within five years. As used in this section, the term "defendant" shall mean only a person who commits the acts described in this section or who, in a criminal proceeding, could be charged with criminal liability for the commission of such acts pursuant to section 20.00 of the penal law and shall not apply to any related civil claim or cause of action arising from such acts. Nothing in this section shall be construed to require that a criminal charge be brought or a criminal conviction be obtained as a condition of bringing a civil cause of action or receiving a civil judgment pursuant to this section or be construed to require that any of the rules governing a criminal proceeding be applicable to any such civil action.
(Added L.2006, c. 3, § 3, eff. June 23, 2006.)
Retroactivity was limited by act of the legislature, which provided
that the Act "shall apply to acts committed on and after such date [June 23, 2006] as well as to acts committed prior thereto, provided that such section three of this act shall not apply to acts committed prior to such date where the commencement of an action thereon was barred under the provisions of article 2 of the civil practice law and rules in effect immediately prior to such date."
Other Statutes
New York does have a general infancy tolling provision. N.Y. Civ. Prac. Law § 208 which suspends the operation of a statute of limitations until a minor reaches the age of majority.
If the victim brings an action against an institution (i.e. church, school) which supervised the perpetrator, or any action that is based in negligence (rather than criminal conduct) the SOL is 3 years. N.Y. Civil Prac. Law § 214.
In addition, N.Y. Civ. Prac. Law § 215 (8)) tolls the statute of limitations when a criminal action has been commenced against the defendant. A criminal action is commenced when the the prosecuting authority files charges against the perpetrator. The applicable statute of limitations will begin to run when the criminal case is terminated (either by dismissal, acquittal, conviction, or sentencing).
If the perpetrator has been convicted, the victim has 7 or 10 years (depending on the crime) from the date of the conduct constituting the crime to file a civil suit. N.Y. Civ. Prac. Law § 213-b.
New York Courts have refused to adopt a common law discovery rule, apply tolling provisions or other theories (i.e. mental disability, fraudulent concealment, equitable estoppel or delayed discovery) to repressed memory or delayed realization cases. See, for example, Langford v. Roman Catholic Diocese of Brooklyn, 705 N.Y.S.2d 661 (N.Y. App. 2000);Sharon B. v Reverend S., 244 AD2d 878, 665 N.Y.S.2d 139 (1997 N.Y. App. Div.); Steo v. Cucuzza, 624 N.Y.S.2d 203 (N.Y. App. Div. 1995); Anonymous v. Anonymous, 154 Misc. 2d 46, 584 N.Y. Supp. 2d 713 (Sup. Ct. Suffolk Co. 1992); Burpee v. Burpee, 1152 Misc. 2d 466, 578 N.Y.S.2d 359 (Sup. Ct. 1991); aff'd .
Resources:
- New York State Laws
- New York State Coalition Against Sexual Assault
- Links and resources from Women's Law.
Revised 09/03/2007. Copyright Susan K. Smith. All rights reserved.
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