The statute of limitations for sexual assault in New York depends on the specific offense and the survivor’s age when it occurred. The most serious offenses, including rape in the first degree, have no criminal deadline and can be prosecuted at any time. Less serious offenses carry criminal deadlines ranging from two to twenty years. On the civil side, adult survivors of covered offenses have twenty years to sue, and survivors of childhood sexual abuse can file until they turn 55.
Criminal Offenses With No Deadline
Several of New York’s most serious sexual offenses can be prosecuted no matter how much time has passed. Under the Criminal Procedure Law, there is no limitation period for rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first degree, and incest in the first degree.1New York State Senate. New York Criminal Procedure Law CPL 30.10 All class A felonies also have no time limit, regardless of type.
Criminal Deadlines for Less Serious Offenses
Sexual offenses outside that no-limit category are governed by specific deadlines tied to severity.
- Rape in the second degree and criminal sexual act in the second degree: twenty years from the offense, or ten years from the date the crime was first reported to law enforcement, whichever comes first.
- Rape in the third degree and criminal sexual act in the third degree: ten years from the date of the offense.1New York State Senate. New York Criminal Procedure Law CPL 30.10
- Other felony sexual offenses without a specific deadline in the statute, including sexual abuse in the first degree: five years, under the general felony limitation period.
- Misdemeanor sexual offenses, including forcible touching, sexual misconduct, sexual abuse in the second degree, and sexual abuse in the third degree: two years.2RAINN. Criminal Statutes of Limitations New York
How the Clock Works When the Victim Was a Child
When a sexual offense is committed against someone under eighteen, the criminal statute of limitations does not start running right away. For most sexual offenses against children, other than those with no limit at all, the clock begins when the victim turns twenty-three or when the offense is reported to law enforcement, whichever happens first.1New York State Senate. New York Criminal Procedure Law CPL 30.10
In practice, that delayed start works out to these approximate deadlines:
- General felony sex offenses against a child: prosecution until the victim is roughly twenty-eight (five-year window beginning at twenty-three).3NY CourtHelp. Child Sex Abuse Cases – Child Victims Act
- Rape in the third degree against a child: until roughly age thirty-three.
- Rape in the second degree against a child: until roughly age forty-three.
- Misdemeanor sex offenses against a child: until age twenty-five.
Reporting the offense before the victim turns twenty-three starts the clock earlier. Offenses that already carry no criminal time limit are unaffected, because they can be prosecuted at any time regardless.
When the Criminal Clock Pauses
New York pauses the limitation period in specific situations. If the defendant is continuously outside the state, or if the defendant’s whereabouts are continuously unknown and cannot be found through reasonable effort, that time does not count against the deadline. This tolling cannot extend the limitation period by more than five years beyond its normal length.1New York State Senate. New York Criminal Procedure Law CPL 30.10
Civil Lawsuit Deadlines for Adult Survivors
Civil cases run on a separate clock from criminal prosecution. New York gives adult survivors twenty years to file a civil claim for injuries resulting from conduct that would constitute rape in any degree, criminal sexual act in any degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first degree, or incest in the first or second degree.4New York State Senate. New York Civil Practice Law and Rules Law 213-C The twenty-year window was created by a 2019 amendment.
A few points about this civil deadline. You don’t need a criminal charge or conviction to file a civil suit; the civil case is independent of any criminal proceeding. The statute allows claims against any party whose intentional or negligent acts contributed to the abuse, which covers not only the person who committed the assault but also employers, schools, religious organizations, and other institutions that failed to prevent it. Sexual offenses not listed in the statute may be subject to shorter general deadlines for personal injury or assault claims, so the specific conduct at issue matters.
Civil Deadline for Childhood Sexual Abuse
Survivors who were under eighteen when the abuse occurred have a much longer window. Under the Child Victims Act, they can file a civil lawsuit against the abuser or a responsible institution such as a school or church until they turn fifty-five.3NY CourtHelp. Child Sex Abuse Cases – Child Victims Act That applies even if the abuse happened decades ago, as long as the survivor has not yet reached that age.5New York State Senate. Senate Bill S2440 The Act also eliminated the notice-of-claim requirement that previously made it harder for survivors to sue public institutions like public schools.
The Lookback Windows Are Closed
New York previously opened two temporary “lookback windows” that revived expired civil claims. Both are now closed and no longer offer a path for new cases.
The Child Victims Act window opened in August 2019 and, after a one-year extension, closed in August 2021.6OPDV. Extension of Child Victims Act Revival Window During that period, survivors of any age could sue for childhood abuse regardless of when it occurred. The standard rule now governs: file before turning fifty-five.7New York State Senate. New York Civil Practice Law and Rules CVP 214-G – Certain Child Sexual Abuse Cases
The Adult Survivors Act opened a parallel one-year window for people who were eighteen or older at the time of the assault. It ran from November 24, 2022 to November 23, 2023.8Governor Kathy Hochul. Governor Hochul Signs Adult Survivors Act With that window closed, the twenty-year deadline under CPLR 213-c is again the governing timeline for adult survivors of covered offenses.
What Happens When the Deadline Expires
Once a statute of limitations expires, the state cannot bring criminal charges and a survivor cannot file a civil lawsuit. If a case is filed after the deadline, the defendant can ask the court to dismiss it as time-barred, and the court will grant that request without considering the underlying facts.9NY CourtHelp. Statute of Limitations Courts have no discretion to make exceptions once the clock runs out.
Because the calculation can turn on tolling, the victim’s age at the time of the offense, and whether later amendments apply, anyone unsure whether their deadline has passed should talk to an attorney before assuming the case is closed.
Federal Prosecution as a Possible Backup
When state deadlines have passed, federal prosecution may still be available in some cases. There is no federal statute of limitations for sex crimes committed against a minor.10FBI Law Enforcement Bulletin. Statutes of Limitation in Sexual Assault Cases Federal law also tolls the limitation period entirely for anyone fleeing from justice.11Office of the Law Revision Counsel. 18 U.S. Code 3290 – Fugitives From Justice When DNA evidence later implicates a suspect in a federal felony, the limitation period effectively resets, giving prosecutors a new window equal to the original deadline starting from when the DNA match is made.12Office of the Law Revision Counsel. 18 U.S. Code 3297 – Cases Involving DNA Evidence Federal prosecution requires a federal nexus, so it is not available in every case, but it is worth considering when state options have run out.