Can Child Sexual Abuse Cases Lead to Criminal Charges?

Legal Action and Protection in New York

When a child experiences sexual abuse, the emotional impact can last for years. Families often want to know whether the abuser will face real consequences. In New York, many child sexual abuse cases do qualify for criminal prosecution, but the process is shaped by evidence, timing, and how the abuse was discovered.

At Horn Wright, LLP, our sexual assault attorneys for young children work with survivors and families to explain each option. If a case qualifies for criminal charges, we help them understand what to expect and how to protect their rights. 

We also help those who choose to file civil lawsuits, regardless of whether criminal charges are pursued. You don’t have to go through this alone. Legal support can make each step clearer and safer for everyone involved.

Begin by Defining Criminal vs. Civil Cases

Most families aren’t familiar with how abuse cases move through the legal system. A criminal case begins when law enforcement or prosecutors believe someone broke the law. The state brings the case, and the goal is to punish the abuser through jail time, probation, or other penalties.

A civil case is different. In a civil case, the survivor (or their family) files a lawsuit against the abuser or an institution that failed to act. The goal is to recover financial compensation for the harm caused.

You can pursue both types of cases. Criminal cases hold people accountable through the court system. Civil cases seek justice through financial and legal responsibility. Each case follows a different path, but both can help a survivor regain control.

Describe How Abuse Gets Reported to Authorities

In New York, many child sexual abuse cases come to light through a mandated reporter. That could be a teacher, therapist, doctor, or school counselor. These professionals are required by law to report suspected abuse to the New York Statewide Central Register of Child Abuse and Maltreatment.

In other cases, family members go directly to law enforcement. Some reports begin with anonymous tips or are discovered through hospital visits. Local Child Protective Services (CPS) and the New York State Office of Children and Family Services (OCFS) often coordinate the early stages of the investigation.

Abuse can also come to light much later, especially when adult survivors decide to speak out years after the abuse happened.

Explain How Police and Prosecutors Investigate Allegations

Once a report is made, law enforcement and CPS begin gathering information. Investigators may:

• Interview the child and family members
• Contact school staff or caregivers
• Request medical exams from pediatric specialists
• Secure devices or text messages that may contain evidence
• Work with child advocacy centers to conduct forensic interviews

In New York, each county has a slightly different process, but most rely on multidisciplinary teams to ensure child-centered investigations. Prosecutors work with these teams to decide whether the evidence meets the standard for formal criminal charges.

Break Down the Legal Threshold for Criminal Charges

Criminal charges require prosecutors to believe they can prove the crime beyond a reasonable doubt. This is a very high standard. It means that the jury must be nearly certain that the abuse occurred.

Prosecutors look at several key factors:

• The child’s ability to describe what happened
• Whether the story stays consistent over time
• Availability of physical or digital evidence
• Past reports involving the same person

Sometimes, there isn’t enough evidence to file charges, even when abuse occurred. In those situations, civil action may still provide a path forward.

List the Criminal Charges That May Apply in New York

New York State law includes a wide range of charges related to child sexual abuse. The exact charge depends on the victim’s age, the actions involved, and the relationship between the victim and abuser.

Some of the most common charges include:

• Sexual Abuse in the First, Second, or Third Degree – These charges relate to unlawful sexual contact involving force, threats, or victims who cannot legally consent
• Course of Sexual Conduct Against a Child – Applies when abuse occurs repeatedly over time
• Endangering the Welfare of a Child – Often added when the abuser is in a position of trust
• Use of a Child in a Sexual Performance – Applies in cases involving recording or photographing abuse

Sentencing can range from probation to decades in prison, depending on the degree of the charge and whether the defendant has prior offenses.

Discuss Statutes of Limitations for Criminal Charges

Statutes of limitations used to prevent many child abuse survivors from filing charges later in life. But recent changes in New York law expanded these timelines significantly. In many cases, the clock doesn’t start until the survivor turns 23 or later.

Here’s what you should know:

• Felony sex crimes against children generally have no statute of limitations if reported after 2006
• Misdemeanor cases may still be time-limited, depending on when the abuse occurred
• The Child Victims Act created a special window (now closed) for older cases to be filed

Each situation is different. A legal review can determine whether charges are still possible based on current laws.

Describe the Role of the Survivor in a Criminal Case

In a criminal case, the survivor is usually considered a witness, not the one who decides whether to proceed. That decision belongs to the district attorney or prosecutor. Still, the survivor’s participation often shapes how the case unfolds.

Survivors may be asked to:

• Give a detailed statement during a recorded interview
• Work with a victim advocate or forensic interviewer
• Appear at a pretrial hearing or trial, depending on the case

Survivor protections vary by county. Most New York counties offer victim services through the District Attorney’s office. These include court preparation, emotional support, and help with transportation or scheduling.

Share What Happens If Charges Are Filed

If prosecutors decide to file charges, the case moves quickly. The first step is arraignment, where the defendant is formally charged and bail is set. From there, the case may go through months of hearings, conferences, and negotiations.

Here’s what that path may look like:

1. Arraignment – Charges are read, and bail is discussed
2. Discovery – Both sides exchange evidence
3. Hearings – The court reviews legal questions or evidence issues
4. Plea Bargains – Many cases end in negotiated pleas to avoid trial
5. Trial – If no plea deal is reached, the case goes before a judge or jury

Trials are not guaranteed. In fact, most child sexual abuse cases resolve before trial. That doesn’t make them any less serious. Prosecutors still prepare as if they’re going to court.

Clarify That Civil and Criminal Cases Can Happen Together

A criminal case doesn’t stop someone from filing a civil lawsuit. In fact, both can happen at the same time or in sequence. Some families start with a criminal investigation and later file a lawsuit. Others begin with civil action when criminal prosecution isn’t possible.

Key differences:

• Criminal Case – Led by the state, may result in jail time
• Civil Case – Filed by the survivor, seeks financial recovery

Civil lawsuits can name individuals, organizations, or both. They may focus on abuse that happened in schools, churches, residential facilities, or foster homes. Attorneys help survivors decide which path fits their goals and timeline.

Criminal Charges Can Deliver Justice and Safety

In New York, criminal charges are a powerful tool for accountability in child sexual abuse cases. But they require careful handling, strong evidence, and support for the survivor at every stage. Whether you’re pursuing prosecution or civil action, or both, you deserve to know your rights.

At Horn Wright, LLP, our team stands with survivors and their families. We explain the law in plain terms, guide you through each step, and help you decide what path offers the safety and justice you need. When you're ready to act, we’re ready to help you move forward with strength and support.