Who needs some good news? Us too.
This week we found out that the time limit on filing Child Victims Act lawsuits has been extended until January 14 2021, instead of this August. That means people who were abused as children now have an extra 5 months to file lawsuits in New York State! It’s time to get justice against your abuser or the institution (i.e. church, school, synagogue, etc.) that enabled them.
The Child Victims Act allows more survivors to get justice for their experience by opening up a one-time-only window for past abuse victims to sue their abusers and the institutions that harbored them, no matter when the abuse happened or their current age. Before this law went into effect, the statutes of limitations started when the victim turned age 18. The Child Victims Act also extends the statute of limitations to start at age 23 for criminal cases*, and 55 in civil cases**.
THE LAW IS NOT RETROACTIVE EXCEPT FOR THIS BRIEF LOOK-BACK WINDOW. Get in touch today if you want to discuss your options. We are fully operational during the lockdown period and a committed as ever to holding abusers, and those who enable them, to account.
Our thanks go to the activists and advocates who have fought tirelessly to get this done! We will continue to stand alongside you in campaigning the New York state legislature to extend the Child Victims Act filing window further to allow more victims to hold abusers, and those who enabled them, accountable.
More good news? This week, the Diocese of Rockville Centre’s move to dismiss 44 claims of child sex abuse and declare the Child Victims Act ‘unconstitutional’ was denied and thrown out! Let this be a warning to predators and those who cover for them: you can no longer deny justice to child sex abuse victims. We are coming for you.
OUR ATTORNEYS AND STAFF HAVE NEVER BEEN MORE DEVOTED TO HELPING CLIENTS. WE ARE FULLY STAFFED (WORKING REMOTELY) PLEASE CONTACT US OR CALL 646.666.8908 TO SCHEDULE A CASE EVALUATION.
Let’s stay connected!
* Criminal Proceedings (goal is to throw the offender in jail): In NY Felony sexual offenses against children must be commenced within five years starting at the victim’s 23rd birthday. Misdemeanor sexual offenses against children must be commenced within 2 years also now starting at the victim’s 23rd birthday. There is no statute of limitations for class A and class B felony sexual offenses in NY. Under the old law, it was based on the victim’s 18th – not 23rd — birthday.
**Civil proceedings (goal is to sue the offender for money): Under the old law, civil cases for personal injuries generally needed to be brought within 3 years from the victim’s 18th birthday. In rare cases where there’s been a criminal proceeding for the most serious sex offenses, there was no statute of limitations to bring a civil case and that remains true.
