For years, survivors of sexual assault and gender-motivated violence in New York City were denied their day in court. Not because their cases weren't valid, but because the law hadn't caught up to them. A 2025 court ruling dismissed over 450 lawsuits on a legal technicality, shutting out survivors who had finally found the courage to come forward.

On January 29, 2026, the New York City Council overrode the Mayor's veto and passed Introduction 1297-A, reopening a critical pathway to justice. This is not a minor procedural update. This is a second chance:for survivors who were dismissed, and for survivors who never had the opportunity to file in the first place.

The look-back window opened March 1, 2026. It will close approximately September 2027. There is no floor date, which means claims going back 30, 40, even 50 years may qualify.

If you were sexually assaulted or abused in New York City on or before January 9, 2022, you may have one last opportunity to hold the people and institutions responsible accountable. We are here to help you take it.

You do not need a police report. You do not need a criminal conviction. You do not need perfect proof. You need an attorney who will fight for you.

WHAT IS THE NYC GENDER-MOTIVATED VIOLENCE ACT LOOK-BACK WINDOW?

The Gender-Motivated Violence Act (GMVA) has protected New York City survivors since 2000, allowing them to sue perpetrators and the institutions that enabled abuse. 

In 2022, NYC strengthened the law to extend liability to organizations (schools, employers, religious institutions, and others) that knew about misconduct and failed to act.

But a 2025 court ruling found that the strengthened law wasn't clearly retroactive, resulting in the dismissal of more than 450 lawsuits. Many of those cases involved abuse at city-run juvenile detention centers dating back to the 1960s.

Introduction 1297-A was passed specifically to fix that gap. It reopens an 18-month window during which survivors can file civil lawsuits that would otherwise be time-barred, including cases dismissed by the 2025 ruling and cases that were never filed at all.

THE FILING WINDOW AT A GLANCE

Window Opens: March 1, 2026. It is open right now!

Window Closes: Approximately September 2027.

Floor Date: None. Claims can reach back 30, 40, 50 or more years.

Cutoff Date: The abuse must have occurred on or before January 9, 2022.

Location Requirement: The abuse must have occurred within New York City's five boroughs (Manhattan, Brooklyn, Queens, the Bronx, or Staten Island).

Where You Live Now: Does not matter. If the abuse happened in NYC, you can file regardless of where you currently live.

Miss this window, and your right to sue may be permanently lost.

DO YOU QUALIFY? THREE REQUIREMENTS

To file under the GMVA look-back window, your case must meet three criteria:

Requirement 1: Location The assault or abuse must have occurred within New York City's five boroughs: Manhattan, Brooklyn, Queens, the Bronx, or Staten Island. This is a New York City law. Long Island (Nassau and Suffolk Counties) is not included.

Requirement 2: Date of Incident The assault or abuse must have occurred on or before January 9, 2022. There is no minimum year. Claims from the 1970s, 1980s, and 1990s all qualify. If you were abused as a child decades ago, your case may still be within scope.

Requirement 3: Filing Within the Window You must file your lawsuit between March 1, 2026 and approximately September 2027. Even though the window is open, strong cases take time to build. The earlier you start, the stronger your case will be.

SECTION: WHAT TYPES OF ABUSE ARE COVERED?

The GMVA look-back window covers a wide range of sexual violence and gender-motivated abuse. You do not need a criminal conviction to pursue a civil case. Covered conduct may include:

• Rape and attempted rape
• Sexual assault of any kind
• Sexual abuse, including repeated or ongoing abuse
• Forced sexual contact
• Sexual coercion through threats, intimidation, manipulation, or abuse of authority
• Sexual exploitation
• Abuse committed by someone in a position of power (teachers, coaches, supervisors, clergy, detention staff, and others)

WHERE COULD THE ABUSE HAVE OCCURRED?

Survivors sometimes assume they can only file if the abuse happened inside an official institution. That is not true. What matters is that the abuse occurred within New York City's five boroughs. It could have taken place in settings including:

Schools, colleges, and universities; workplaces and work events; religious organizations and youth groups; hospitals and medical facilities; detention facilities and jails; parks, dorm rooms, apartments, and vehicles; city-run programs and agencies; or any other location within the five boroughs.

SECTION: WHO CAN BE HELD ACCOUNTABLE?

One of the most powerful aspects of Introduction 1297-A is that it allows survivors to pursue claims against both individual perpetrators and the institutions that enabled or failed to prevent the abuse.

• Individual perpetrators can be sued directly for the harm they caused.
• Institutions and organizations may be liable when they knew or should have known about the perpetrator's conduct and failed to act. This includes situations where an institution ignored prior complaints, failed to supervise staff, covered up misconduct, moved an abuser to a different location rather than removing them, or had policies that facilitated abuse.
• Institutions that may be held accountable include schools and universities, employers and corporations, religious organizations, youth programs and summer camps, hospitals and healthcare facilities, detention centers, and New York City agencies including the Department of Education, Administration for Children's Services, and the Parks Department.
• What if the perpetrator is deceased or missing? You may still have a valid case. Many successful cases focus on institutional liability rather than the individual perpetrator alone. An institution's failure to protect you does not disappear because the person who harmed you is gone.

CIVIL JUSTICE VS. CRIMINAL CASES

This look-back window creates the opportunity to pursue a civil lawsuit for damages and accountability. It is entirely separate from any criminal proceeding and does not require an arrest, a police report, or a criminal conviction.

Many survivors pursue civil justice even when no arrest was made, no police report was ever filed, prosecutors declined to bring criminal charges, or the criminal statute of limitations has long since passed.

Civil court is not about punishment in the criminal sense. It is about accountability, compensation, and giving survivors the ability to tell their story on their own terms.

WHAT EVIDENCE DO YOU NEED?

Many survivors worry they do not have enough proof, especially for abuse that occurred years or decades ago. This fear prevents countless people from even picking up the phone. Here is the reality: you do not need perfect proof to have a valid civil case.

Cases can be built using medical records and emergency room documentation; police reports (even if no charges were filed); institutional records including HR complaints, disciplinary files, and internal emails; witness testimony from people you told at the time; digital evidence including texts, messages, and photos; personal documentation such as journals, therapy records, and contemporaneous notes; and testimony from others who experienced similar abuse by the same perpetrator or at the same institution.

You do not need the exact date of the assault. A general year or timeframe is often enough to begin building a case. You do not need witnesses to the assault itself. You do not need physical evidence. And you do not need to have reported to police.

Attorneys can also obtain institutional records during the legal process through subpoenas and discovery. Records that survivors often do not know exist until an investigation begins.

If you are unsure what evidence you have, that is exactly what a consultation is for.

PRIVACY — CAN YOU FILE ANONYMOUSLY?

Yes. In many cases, survivors may be able to file as Jane Doe or John Doe, keeping their legal name out of public-facing court records. For many survivors, this is the difference between coming forward and staying silent.

It is important to understand what anonymity does and does not provide. If the court approves pseudonym status, your name may not appear in publicly searchable case records, which significantly limits online exposure. However, your identity will still be known to the judge, court staff, and defense attorneys, as defendants have the right to investigate and defend the claims against them. Protective orders can further limit what is filed publicly and how identifying information is handled throughout the case.

Anonymity is not automatic. It requires court approval. But it is available in many cases, and we will pursue every available protection for every client who needs it.

WHAT CAN SURVIVORS RECOVER?

Every case is different, but civil litigation under the GMVA look-back window can provide real and meaningful recovery. Survivors may be entitled to compensation for:

• Economic damages: past and future medical expenses, therapy and mental health treatment, lost income, and reduced earning capacity resulting from the abuse and its long-term effects.
• Non-economic damages: pain and suffering, emotional distress, anxiety, depression, PTSD, loss of enjoyment of life, and the lasting impact on relationships and quality of life.
• Punitive damages: in cases involving particularly egregious conduct or institutional cover-up, additional damages may be available to punish the responsible parties and deter future misconduct.

There are no upfront costs. Mark David Shirian P.C. handles these cases on a contingency fee basis. No consultation fees, no hourly billing, no upfront costs of any kind. You pay nothing unless we recover compensation for you.

WERE YOUR CLAIMS PREVIOUSLY DISMISSED?

If your lawsuit was dismissed due to the 2025 court ruling (the one that found the GMVA was not clearly retroactive), Introduction 1297-A was written specifically with you in mind. You may now be able to refile your claims, amend a previously dismissed complaint, or reopen a case that was blocked by the retroactivity loophole.

If you were told your case was too old, or if your lawsuit was dismissed on timing grounds, contact us immediately to review your options. Time is limited, and this may be your only remaining opportunity.

WHAT TO DO RIGHT NOW

The window is open. Here is how to use it.

Step 1: Write down what you remember. Even if the abuse occurred decades ago, put your recollections on paper. Include where it happened (which borough, which location), approximately when, who was involved and their role, whether there were any witnesses or people you told at the time, and whether the perpetrator was connected to any institution or organization. You do not need the exact date. A year, a season, or a general timeframe is enough to start.

Step 2: Consider whether an institution played a role. Even if the abuse did not happen inside an institution's building, an organization may still bear responsibility if it hired or retained a known predator, ignored complaints or warning signs, failed to supervise staff, or covered up misconduct.

Step 3: Preserve any evidence you still have. Gather medical or therapy records, any police or criminal case documents, emails, texts, photos, journals, or calendars from the relevant time period, and the names of anyone who may be a witness.

Step 4: Contact us. Starting early matters. Strong cases are built over time. The earlier we begin investigating, the better positioned you will be when your case is filed. Contact Mark David Shirian P.C. today for a free, confidential case review.

SPECIAL NOTE FOR CASES INVOLVING NYC AGENCIES

Claims against New York City agencies and public institutions (including the Department of Education, the Administration for Children's Services, juvenile detention facilities, or Parks Department programs) may involve additional procedural requirements and shorter notice deadlines. Missing these requirements can jeopardize your case. Contact our firm as early as possible so nothing falls through the cracks.

WHAT HAPPENS AFTER YOU FILE?

Here is a straightforward overview of how these cases typically proceed:

• Confidential consultation. We review the facts, determine whether your case qualifies, and explain your options. No commitment required.
• Investigation and evidence gathering. Our team investigates, locates records, identifies witnesses, and builds the strongest possible foundation for your claim.
• Filing the complaint. We file your lawsuit in civil court, formally initiating the case.
• Defendants respond. The defendants (individuals and/or institutions) respond through their attorneys.
• Discovery. Both sides exchange documents and take sworn testimony. This is often where institutional records and patterns of misconduct come to light.
• Settlement negotiations. Many cases resolve through negotiation or mediation without going to trial.
• Trial, if necessary. If the case does not settle, we are fully prepared to take it to trial.

Throughout every step, we prioritize your privacy, your well-being, and your dignity.

WHY MARK DAVID SHIRIAN P.C.

We are a boutique litigation firm, which means you work directly with an attorney (not a paralegal, not an intake coordinator) from your first call through final resolution.

We know how to fight powerful institutions. Large organizations have aggressive legal teams and deep pockets. They will argue that records are missing, that they had no prior knowledge, and that the case is too old. We know how to break through those defenses, uncover institutional records, and establish what the organization knew and when.

We are trauma-informed. This work demands more than legal skill. We provide a safe, confidential environment for survivors to tell their stories, and we handle every case with the discretion and respect it deserves.

We work on contingency. You pay nothing unless we recover compensation for you.

We have the experience. We handle complex sexual assault and abuse cases against individuals and institutions throughout New York City, including cases under the GMVA, the Child Victims Act, and the Adult Survivors Act.

FREQUENTLY ASKED QUESTIONS

• Do I need a police report to file a civil lawsuit? No. Many survivors never reported to police, and that does not prevent them from pursuing a civil case.
• What if there was no criminal conviction? Civil cases are completely separate from criminal proceedings. No arrest, charges, or conviction are required.
• What if I don't remember the exact date? A general timeframe (a year, a season) is enough to begin building a case.
• What if the perpetrator has died? You may still have a valid claim, particularly if an institution enabled the abuse or failed to protect you.
• Can I sue if I was a child when it happened? Yes. There is no floor date. Childhood abuse from decades ago may qualify.
• What if the abuse happened in NYC but I don't live there now? You can still file. Where you live today does not matter. What matters is where the abuse occurred.
• Can I file anonymously? In many cases, yes. Courts frequently allow survivors to proceed as Jane Doe or John Doe. We will pursue every available privacy protection for you.
• How long does a case like this take? It varies. Some cases settle within months; others take one to two years or longer. We work to move your case forward as efficiently as possible while pursuing the best outcome.
• Will I have to go to trial? Not necessarily. Many cases settle through negotiation or mediation. We are fully prepared to go to trial if that is what it takes.
• What does it cost to hire your firm? Nothing upfront. We work on a contingency fee basis. Initial consultations are always free and confidential.
• What if I'm not sure my case qualifies? Contact us. A free case review is the simplest way to find out. There is no cost and no obligation.

New York City has opened a narrow path to justice, one that may not exist again. If you were sexually assaulted or abused in New York City on or before January 9, 2022, you may have one last opportunity to hold the people and institutions responsible accountable for what they did.

You do not have to have it all figured out to make this call. You do not need to know exactly what happened, when it happened, or who else was involved. That is what we are here to help you work through.

Contact Mark David Shirian P.C. today for a free, confidential case review. No cost. No obligation. Just answers.