For decades, New York State had some of the worst statute of limitations laws in the country for survivors of child sexual abuse. Victims had just a few short years after turning 18 to file a civil or criminal case — a timeline that ignored the psychological trauma, fear, and lifelong damage caused by abuse.
At Merson Law, we’ve seen firsthand how those outdated laws silenced victims and protected predators. That’s why Jordan Merson and our legal team have been vocal advocates for statute of limitations reform — and why we continue to fight for survivors who were told it was “too late” to get justice.
What Was the Problem With New York’s Old Laws?
Until recently, survivors in New York had only until age 23 to file civil or criminal lawsuits for sexual abuse that happened during childhood. That made New York one of the most restrictive states in the U.S. — a “national shame,” as child protection advocates called it.
This short window of time ignored what we now know from mental health research:
- 80% of child sex abuse survivors don’t disclose until adulthood
- Trauma, shame, and manipulation delay reporting for decades
- Many victims only come forward after their abuser is exposed in the news or someone else breaks the silence
In effect, the law protected predators. And institutions like schools, churches, and youth organizations used the statute of limitations as a shield.
What Changed: The Child Victims Act
After years of advocacy by survivors, attorneys, and lawmakers, New York finally passed the Child Victims Act (CVA) in 2019.
This law:
- Extended the statute of limitations for criminal charges until the victim turns 28
- Extended the statute of limitations for civil lawsuits until age 55
- Created a one-year “lookback window” (later extended to two years), allowing anyone to file a civil lawsuit regardless of age or how long ago the abuse occurred
This window closed in August 2021, but the fight isn’t over.
Jordan Merson and other advocates continue to support eliminating statute of limitations altogether, like many other states have done.
“All survivors are asking for is a fair chance to be heard in court,” said Merson. “The old laws locked them out. That’s not justice.”
How Merson Law Helped During the Lookback Window
During the CVA window, Merson Law represented dozens of survivors in civil lawsuits against:
- Clergy members and Catholic dioceses across New York
- Private and public schools that ignored abuse
- Foster care agencies and state-run institutions
We worked with victims who were abused in the 1950s, 1980s, and early 2000s — many of whom had never told anyone before.
We also collaborated with lawmakers and legal coalitions pushing for reforms that permanently remove statute of limitations in civil sex abuse cases.
The Fight Isn’t Over: Why Statute of Limitations Still Matter
Today, New York’s laws are better — but they still don’t go far enough.
At Merson Law, we continue to push for:
- A permanent elimination of civil SOLs for all child sexual abuse cases
- Extended windows for adult survivors of rape and sexual assault
- More trauma-informed policies that center the needs of victims
We believe the law should serve survivors — not shield predators.
Are You a Survivor Who Was Told It Was “Too Late” to Sue?
If you were abused in New York and previously believed you had no legal options, contact us. We may still be able to help.
Some legal pathways remain open, including:
- Special exceptions under the CVA for late discovery
- Claims against institutions still liable for coverups
- New legal reform windows that may reopen in the future
We handle every inquiry with confidentiality, compassion, and urgency.
Contact Merson Law now or call (212) 603-9100 to speak with a trauma-informed legal professional.
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