NY Child Victims Act

NY Child Victims Act

Following a decade-long battle against powerful entities including the Catholic Church, the Orthodox Jewish community, and numerous elite private schools, advocates for survivors of child sexual abuse achieved a landmark victory in New York in early 2019: the legislature passed the New York Child Victims Act. Advocates herald the passage of this law as a major victory both for New York and for adult survivors of child sexual abuse nationwide.

Passage of this law indicates a new era in the prosecution of child sexual abuse and a concerted attempt to root out institutions, such as Boy Scouts of America and the Catholic Church, that have historically failed to protect children and minors. Adult survivors of child sexual abuse have new and expanded legal rights under the law. Even in the case where the previous statue of limitations had already timed out, the Child Victims Act includes a provision that allows retrospective reports and sexual abuse lawsuits stemming from child sexual abuse in New York.

Understanding the New York Child Victims Act

Reading the legal jargon of new legislation is daunting, and our attorneys have provided a simple translation of what the Child Victims Act entails. There are three main provisions:

1. The NY Child Victims Act lengthens the Statute of Limitations for filing criminal felony charges for child sexual abuse to age 28. In simple terms, victims of child sexual abuse now have until their 28th birthday to file criminal child sexual abuse cases.
2. The NY Child Victims Act also lengthens the Statute of Limitations for filing civil charges for child sexual abuse to age 55. In simple terms, victims of child sexual abuse now have until their 55th birthday to file civil child sexual abuse lawsuits.
3. The NY Child Victims Act also provides a provision for adult survivors of child sexual abuse for whom the statute of limitations has already expired. Any person who experienced sexual abuse before their 18th birthday has a one year window of opportunity to freely report and file child sexual abuse charges regardless of their current age.

The new statute of limitations achieved by the NY Child Victims Act represents a more nuanced understanding of adult survivors. The legislation states:

"A horrific pattern of child sexual abuse scandals has shown us that now more than ever we need to change how we view the statutes of limitation in cases of child sexual abuse. By eliminating the statutes of limitation in childhood sexual abuse cases, victims of these horrific crimes will get their day in court and finally be able to seek the justice they have been denied."

Many victims of child sexual abuse do not report the incident immediately and may not do so for decades afterwards. Psychologists explain this is a survival mechanism; for a period of time, it may be possible to ignore the experience and move on with life. However, adult survivors of unreported child sexual abuse often suffer from depression, anxiety, addiction, or other life challenges as a result of their mistreatment.

At some point, the past may be impossible to ignore. Sometime in adulthood, many survivors are forced to confront the harm done to them as children. Confronting child sexual abuse may mean seeking help through therapy and/or filing a lawsuit. The NY Child Victims Act creates new opportunities for adult survivors to take legal action, obtain the compensation they deserve, and heal.

Sweeping Legislation Expected to Follow Child Victims Act

The Child Victims Act of New York was a hard-fought victory, representing more than a decade of work by adult survivors and victim advocates. Powerful institutions fought back against this legislation vehemently. Leaders of the Catholic Church and Boys Scout of American now expect a surge of child sexual abuse lawsuits for their despicable handling of child sexual abuse reports. Sexual abuse settlement funds have already been established in New York, New Jersey and Pennsylvania.

Experts expect the Child Victims Act to lead to sweeping legislation across the United States to expand the rights of survivors of child sexual abuse. As of early 2019, legislation is currently under consideration in eight other states.

Your Legal Rights Under the Child Victims Act

Our firm is fervently committed to its role in holding institutions responsible for their egregious handling of child sexual abuse cases, no matter how far in the past they may be. Our Child Victims Act attorney team is aware of the highly personal and potentially painful nature of discussing child sexual abuse. We offer free consultations that are completely confidential. To file a claim in New York or learn about the statute of limitations for child sexual abuse in your state, contact our team of experienced Child Victims Act attorneys.

Let Our Child Victims Act Lawyers Help You

Our attorneys specialize in pursuing justice on behalf of our clients against large institutions, no matter how complex the case. Through settlements and winning verdicts, our attorneys have obtained millions for our clients. Let us help you today.

Child Victims Act Lawsuits

Filing a lawsuit will allow you to hold an institution accountable for childhood sexual abuse suffered by you or a loved one, while also providing real compensation for pain, suffering, and related losses. Contact us today for a free consultation.