Justice for Survivors of Sexual Abuse

Sexual abuse can change the course of a person’s life. Survivors often live with physical, emotional, and financial harm for years. In New York City, recent changes to the law have created a new opportunity for survivors of sexual abuse in to bring civil lawsuits against individuals and institutions that allowed abuse to happen. On January 29, 2026, the New York City Council passed Intro. 1297, which expanded the Gender Motivated Violence Act. This change reopened a temporary filing period for certain sexual abuse claims and clarified that survivors may sue institutions, including government agencies. The law was enacted in direct response to hundreds of cases that were dismissed by the Bronx Supreme Court between 2023 and 2025. The cases were brought by individuals who had been held in youth detention centers in New York City, including Rikers Island, Horizon Juvenile Center, Crossroads Juvenile Center, and the now-closed Spofford Juvenile Detention Center. The alleged abuse occurred between the 1960s and the 2010s.

If you were sexually abused in New York City on or before January 9, 2022, you may now have another opportunity to take legal action. A new lookback window is scheduled to open from March 2026 through March 2027. During this period, survivors may file new claims or amend or refile claims that were previously dismissed. This may be the final opportunity to bring a civil lawsuit for abuse that occurred years ago. Consulting an experienced New York sexual abuse lawyer can help you determine whether you qualify under the updated law.

What is the Gender Motivated Violence Act?

The Gender-Motivated Violence Act, also known as the Victims of Gender-Motivated Violence Protection Law, is a New York City law that allows survivors of gender-based violence to bring civil lawsuits in state court. It was originally enacted in 2000 after the United States Supreme Court ruled that survivors could not sue perpetrators in federal court under the Violence Against Women Act. The City law created a local civil cause of action for people harmed because of their gender.

In 2022, the City Council amended the law to expand its scope. The amendment created a two-year lookback window that allowed survivors to file civil lawsuits even if the statute of limitations had expired. It also added language permitting plaintiffs to sue not only the individuals who allegedly committed the abuse, but also the institutions, agencies, and other entities that allegedly enabled or failed to prevent gender-motivated violence.

Between March 2023 and 2025, hundreds of survivors filed lawsuits under that amendment. Many of the cases involved allegations of sexual abuse in juvenile detention facilities and focused on holding institutions accountable for allowing abuse to occur. However, courts dismissed more than 450 of these cases, finding that the amended law did not clearly authorize lawsuits against institutions for conduct that occurred before the amendment took effect. Judges ruled that the wording of the law was not explicit enough to apply retroactively to alleged enablers.

In response to those dismissals, the City Council introduced new legislation to clarify the statute. The amendment scheduled to take effect in March 2026 is intended to make clear that survivors may pursue claims against institutions and other enablers for older allegations of gender-motivated violence, including abuse that occurred decades ago. The purpose of the amendment is to eliminate the ambiguity identified by the courts and prevent further dismissals based on technical wording issues.

If the March 2026 amendment takes effect as intended, survivors whose cases were dismissed may have the opportunity to appeal or refile their claims under clearer statutory language. Anyone considering bringing a claim under the updated law should speak with an experienced New York sexual abuse lawyer to understand how the amended statute applies to their specific situation and what steps must be taken to preserve their rights.

What is Sexual Abuse?

Sexual abuse is nonconsensual sexual conduct under New York law and may form the basis of a civil lawsuit under the updated New York City Gender Motivated Violence Act, including claims brought during the new lookback window created by Intro. 1297. It can involve physical contact or noncontact acts. Under New York law, sexual offenses are defined in Article 130 of the New York Penal Law. Sexual abuse can take many forms, including:

• Unwanted sexual contact. This includes touching of intimate body parts without consent. It may involve force, threats, or manipulation. Even if no physical injury occurs, the conduct may still qualify as sexual abuse under Penal Law § 130.55 and related provisions. Consent must be clear and voluntary.
• Sexual acts obtained through force or coercion. Forcible compulsion includes physical force or threats that place a person in fear of immediate harm. Under Penal Law § 130.65, sexual abuse in the first degree occurs when a person subjects another to sexual contact by forcible compulsion or when the victim is incapable of consent. Coercion may also involve abuse of authority or power. A person cannot lawfully consent when under duress.
• Sexual conduct involving minors. Under New York law, minors cannot legally consent to sexual activity with adults. Any sexual contact between an adult and a child may constitute a criminal offense. Additional protections apply in cases involving teachers, clergy, correctional staff, or other authority figures. Civil claims may be brought under CPLR § 213-c and related statutes.
• Sexual exploitation or abuse in institutional settings. Sexual abuse may occur in juvenile detention centers, schools, churches, foster care placements, boarding schools, nursing facilities, or correctional institutions. When staff members abuse individuals in their care, or when supervisors ignore complaints or warning signs, the institution may face civil liability. Claims may involve negligent hiring, negligent supervision, or violations of civil rights under 42 U.S.C. § 1983.

Consent must be voluntary and informed. A person cannot legally consent if they are underage, mentally incapacitated, physically helpless, or impaired. Silence or failure to resist does not automatically mean consent.

Sexual abuse is defined in New York’s criminal statutes, including Article 130 of the Penal Law, but survivors may also bring civil lawsuits based on the same underlying criminal conduct. A civil claim does not require that the defendant be arrested, charged, or convicted. In civil court, the survivor must prove the case by a preponderance of the evidence, which is a lower standard than proof beyond a reasonable doubt in criminal court. In addition to claims based on assault and battery, civil causes of action may arise under the New York City Administrative Code § 10-1101, known as the Gender Motivated Violence Act, which allows victims to seek damages against individuals and certain institutions. Consulting an experienced New York sexual abuse lawyer can help determine whether the conduct you experienced supports a civil claim, even if no criminal case was ever filed.

What Should I Do If I Am the Victim of Sexual Abuse in New York City?

If you are the victim of sexual abuse in New York City, the first step you should take is to contact an experienced New York sexual abuse lawyer. The March 2026 through March 2027 lookback window created by the City Council’s January 29, 2026 expansion of the Gender-Motivated Violence Act may give you another opportunity to file a civil lawsuit for abuse that happened years ago. Many survivors were previously told they could not sue institutions because of earlier court rulings. The updated law was enacted to address that issue and to reopen access to the courts for certain claims that were dismissed or never filed.

You should also consider taking the following steps:

• Gather any information you have. This may include hospital or medical records, therapy records, emails, letters, text messages, photographs, or any written documentation related to the abuse or the institution involved.
• Write down what you remember. Even if the abuse occurred years ago, documenting dates, locations, names of potential witnesses, and details about the institution can help preserve important facts.
• Identify the institution involved. Claims may extend beyond the individual perpetrator and include entities such as juvenile detention centers, schools, religious institutions, foster care agencies, hospitals, or city and state agencies that enabled or failed to prevent the abuse.
• Act promptly. The lookback window is time-limited. Waiting too long could affect your ability to file a claim before the deadline.

A civil lawsuit may proceed even if no criminal charges were ever filed. Criminal prosecutions and civil lawsuits are separate proceedings with different standards of proof. While revisiting past abuse can be difficult, the law now provides a defined opportunity to act. Consulting an experienced New York sexual abuse lawyer can help you evaluate your eligibility under the new statute and determine the next steps before the filing window closes.

What are Common Injuries Suffered Due to Sexual Abuse?

Sexual abuse can cause physical and psychological harm. Physical injuries may include bruises, fractures, internal injuries, sexually transmitted infections, or pregnancy. Medical records often document these injuries.

Psychological injuries are also common. Survivors may experience anxiety, depression, post traumatic stress disorder, sleep disturbance, substance use, or difficulty maintaining relationships. Mental health treatment records may serve as evidence in a civil lawsuit.

Economic harm may also result. Survivors may lose income, incur medical expenses, or require long term therapy. Under New York law, these losses may be compensable.

In civil cases, courts consider both economic and noneconomic damages. Economic damages include medical costs and lost wages. Noneconomic damages may include pain and suffering.

In institutional abuse cases, injuries may be compounded by a breach of trust. When a person in custody or under supervision is harmed, the institution’s duty of care becomes central to the claim. Consulting an experienced New York sexual abuse lawyer can help document these injuries and connect them to the abuse.

Who Can Be Held Legally Responsible?

Civil liability under the amended Gender-Motivated Violence Act may extend beyond the individual abuser. Institutions located in New York City may be held responsible if they enabled, ignored, or failed to prevent gender-motivated violence. This includes juvenile detention facilities such as Rikers Island, Horizon Juvenile Center, and the now-closed Spofford Juvenile Detention Center, as well as hospitals and other public or private institutions operating within New York City.

Under the updated law, New York City Administrative Code § 10-1104 permits survivors to sue both individuals and entities for gender-motivated violence. Intro. 1297 clarified that entities, including government agencies, may be named as defendants. Importantly, the amendment makes clear that claims may proceed even if the institution is no longer operating, such as Spofford, which has since closed. The law applies specifically to institutions within New York City and does not extend to entities located outside the five boroughs.

Common defendants in sexual abuse cases include:

• Juvenile detention centers. Juvenile detention facilities have a legal duty to protect youth in their custody. Abuse by staff members or by other detainees can give rise to claims based on negligence or civil rights violations under 42 U.S.C. § 1983. When officials knew of a risk of abuse and failed to take reasonable steps to prevent it, liability may follow. Recent updates to the New York City Gender Motivated Violence Act clarify that certain institutional claims may now proceed during the new lookback window.
• Employers or supervisors. Employers may be held liable when abuse occurs within the scope of employment or when they were negligent in hiring, supervising, or retaining the perpetrator. Claims may include negligent hiring or negligent supervision if warning signs were ignored. If a supervisor knew or should have known about prior misconduct and failed to act, the institution may share responsibility. Employers can also be liable under the doctrine of respondeat superior when an employee’s wrongful conduct is connected to their job duties.
• Schools and school districts. Public and private schools have a duty to protect students from foreseeable harm. When staff members abuse students or when administrators ignore complaints, the school district may be liable. Claims against public school districts may require compliance with notice provisions under General Municipal Law § 50-e. Civil claims may also arise under Title IX in certain circumstances when schools receiving federal funds fail to respond to known sexual harassment or abuse.
• Religious institutions. Churches and other religious organizations may be held responsible when clergy or staff commit abuse and leadership fails to intervene. Claims often involve allegations of negligent supervision, negligent retention, or failure to report misconduct. Courts have allowed civil lawsuits to proceed when evidence shows that institutions reassigned clergy despite prior complaints. Religious institutions are not exempt from civil liability for sexual abuse.
• Boarding schools. Boarding schools assume responsibility for students’ safety during both academic and residential activities. When staff members abuse students or when administrators ignore complaints, the institution may face civil liability. Claims may include negligent hiring, negligent supervision, and failure to implement proper safeguarding policies. The fact that a school is private does not shield it from civil accountability.
• Government agencies. Government entities, including city and state agencies, may be named as defendants when abuse occurs in publicly operated facilities. These claims often involve procedural requirements, such as filing a Notice of Claim within a specific time frame. Under the updated New York City Administrative Code provisions related to the Gender Motivated Violence Act, institutions may be sued for gender motivated violence occurring before January 9, 2022 during the designated lookback period. When agencies fail to protect individuals in their custody or care, civil liability may be imposed.
• Individual perpetrators. The person who committed the abuse is often named as a defendant in a civil lawsuit. Civil claims may be based on assault, battery, intentional infliction of emotional distress, or violations of the New York Penal Law that also give rise to civil liability. Even if criminal charges were never filed, a survivor may still pursue a civil claim. The burden of proof in civil court is lower than in criminal court, which means liability can be established even without a conviction.
• Closed institutions. An institution may still be sued even if it has closed its doors. The fact that a facility no longer operates does not automatically shield it from civil liability for abuse that occurred while it was open. For example, the Spofford Juvenile Detention Center closed in 2011 following public outrage over a long-standing culture of abuse and mistreatment within the facility. However, closure does not erase what allegedly happened there or prevent survivors from pursuing claims against the responsible entities. The same principle applies to hospitals, schools, religious institutions, and other public or private organizations, including government agencies. If an institution operated in New York City and allegedly enabled, ignored, or failed to prevent gender-motivated violence, it may still be named as a defendant under the amended law, even if it has since shut down or restructured.

In negligence claims, a plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused harm. Claims may include negligent hiring, negligent supervision, or negligent retention.

In some cases involving public entities, General Municipal Law § 50-e requires service of a Notice of Claim within ninety days. However, lookback statutes may alter how these deadlines apply. Courts have addressed institutional liability in various contexts.

The 2025 dismissal of over 450 lawsuits against city run juvenile detention centers highlighted the need for legislative clarification. An appellate court ruled that prior language in the GMVA did not clearly authorize claims against institutions for conduct occurring before January 9, 2022. Intro. 1297 was enacted to address that issue and reopen the filing window.

Consulting an experienced New York sexual abuse lawyer is important when evaluating which parties may be legally responsible.

How Much Time Do I Have to File a Lawsuit?

Statutes of limitation set deadlines for filing civil lawsuits. Under CPLR § 213-c, survivors of certain sexual offenses have up to twenty years from the date of the offense to bring civil claims. For childhood sexual abuse, CPLR § 208 extends the time to file until age fifty five in some circumstances.

The Child Victims Act created a temporary lookback window that allowed previously time barred claims to be filed. The Adult Survivors Act provided a one year window for certain adult claims.

The updated Gender Motivated Violence Act now creates a new lookback window in New York City from March 2026 through March 2027. During this period, survivors abused on or before January 9, 2022 may file new claims or amend previously dismissed claims.

Survivors whose cases were dismissed under prior rulings may refile. Survivors who never filed may now bring claims, even if the abuse occurred decades ago.

Once this lookback window closes, the opportunity may be lost. Courts strictly enforce filing deadlines. Consulting an experienced New York sexual abuse lawyer can help ensure that all deadlines are met.

What Types of Compensation Are Available for Victims Who Suffer Injuries?

In a civil sexual abuse lawsuit, a survivor may seek compensation for both economic and noneconomic losses.

Economic damages may include:

• Medical and hospital bills
• Therapy and counseling costs
• Medication expenses
• Lost wages
• Loss of future earning capacity

Noneconomic damages may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

In some cases, punitive damages may be available when a defendant’s conduct was intentional or reckless. Punitive damages are designed to punish wrongful conduct.

New York courts have recognized that survivors may recover damages for long term psychological harm. In cases involving institutional abuse, compensation may reflect the duration of the misconduct and the failure of oversight.

Civil lawsuits are separate from criminal proceedings. A criminal conviction is not required to pursue civil damages. The burden of proof in civil court is preponderance of the evidence, which is lower than the criminal standard of proof beyond a reasonable doubt.

Consulting an experienced New York sexual abuse lawyer can help calculate potential damages and prepare a claim supported by medical and financial documentation.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

If you were sexually abused in New York City and want to know whether you qualify under the new lookback window, you should act promptly. The filing period from March 2026 through March 2027 may be your last opportunity to bring a claim for abuse that occurred years ago.

Stephen Bilkis & Associates represents survivors of sexual abuse in civil actions against individuals and institutions. Consulting an experienced sexual abuse attorney serving New York at our firm can help you determine your legal options under the updated Gender Motivated Violence Act and related statutes.

We will review your history, identify potential defendants, evaluate deadlines, and explain the process in plain terms. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.