Childhood sexual abuse is a far-too-common experience, yet stigma keeps many survivors in South Dakota from sharing their story. According to Child USA, most survivors of child sexual abuse delay until after the age of 52 to report the crime, if they ever report it at all. Laws in many states require that child sexual abuse be reported within 5 years of the victim's 18th birthday, or by age 23. Historically, by the time many South Dakota survivors confront their past and understand the harm child sexual abuse has caused, the statute of limitations has passed.
New York's new Child Victims Act greatly expands survivors' rights by increasing the window for reporting (to age 28 for criminal cases and age 55 for civil cases) and giving all South Dakota victims of child sexual abuse in New York a one-year "lookback window" to report incidents that happened any time in their lives, regardless of their present age or the statute of limitations. Long-trusted institutions such as the Catholic Church and Boy Scouts of America, as well as schools and sports teams, are at the heart of this scandal and are bracing for major child sexual abuse litigation in South Dakota and beyond.
An estimated 1 in 4 girls and 1 in 6 boys fall victim to sexual abuse by the time they reach age 18, usually at the hands of someone they know well. Teachers, coaches, neighbors, family friends, and even family members are among the most common perpetrators of childhood sexual abuse in South Dakota. The U.S. Department of Justice estimates 1.8 million adolescents have been sexually assaulted in the past year alone.
Perpetrators frequently take advantage of a foundation of trust and rely on a child's fear. Perpetrators may threaten their victims or convince the child or youth that no one would believe their accusation. Fearing retaliation or punishment, or blaming themselves for the abuse, most minors in South Dakota do not disclose sexual abuse.
Prior to reporting, South Dakota adult survivors of child sexual abuse often suffer from seemingly unconnected difficulties in their lives, such as anxiety, depression, or addiction. Many adults do not confront sexual abuse that occurred during childhood or realize its impacts on their life until decades later. The new Child Victims Act in New York, and similar legislation under consideration in eight other states, allows South Dakota adult survivors of child sexual abuse much more time to make a report. In New York, under the Child Victims Act, South Dakota adult survivors of child sexual abuse in New York now have the following rights:
For CRIMINAL claims, there is a ten-year window to report following the victim's 18th birthday. Reports must be made by the victim's 28th birthday.
For CIVIL claims, adult survivors of child sexual abuse have until age 55 to report.
WINDOW of OPPORTUNITY: The Child Victims Act also provides for a one-year window of opportunity, during which a survivor of any age may report incidents of child sexual abuse and take legal action. Any adult who experienced child sexual abuse in New York, regardless of their current age or when the incident(s) took place, qualifies during this one-year period.
It has come to light that many institutions such as the Catholic Church, Boy Scouts of America, and numerous prestigious private schools had a long history of ignoring or shushing child sexual abuse reports. Priests who sexually abused children were shuffled to another archdiocese where they targeted new victims. Teachers were quietly asked to resign; often given letters of recommendation, they became sexual predators, bouncing between East Coast prep schools.
In circumstances such as these, it is no surprise many children and adolescents never reported these hideous crimes. Laws such as the Child Victims Act herald in a new era of understanding of and intolerance for child sexual abuse. Our firm is fervently committed to its role in holding institutions responsible for their egregious handling of child sexual abuse cases affecting residents of South Dakota, no matter how far in the past they may be.
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.
Filing a lawsuit will allow you to hold an institution accountable for childhood sexual abuse suffered by you or a loved one in South Dakota, while also providing real compensation for pain, suffering, and related losses. Contact us today for a free consultation.