New York Victims Act Law:
Sexual abuse or assault is among the worst crimes imaginable, especially when the victim is a helpless child. Criminal and civil trials are often necessary to get justice and protect the victims from getting abused again. However, until now, most victims of child sexual abuse were blocked from seeking justice.
Survivors of child sexual assault earned a victory when legislators passed the Child Victims Act, extending New York’s statute of limitations to give child sex abuse victims more time to sue and pursue criminal and civil charges.
If you or a loved one is the victim of child sexual abuse, it is critical to act now. The one-year window to file a civil suit under the Child Victims Act could be significantly shortened if a defendant files for bankruptcy. A New York Child Victims Act lawyers will take the necessary measures to help you and your loved one seek financial compensation from the parties who injured you.
What the Child Victims Act Means for Sexual Abuse Victims
The Child Victims Act allows past and future victims of child sexual abuse in New York a new window of opportunity to seek civil recourse for the harm done to them. The new law will do three major things for sexual abuse victims:
- It extends or eliminates the statute of limitations for future criminal sexual cases involving a child under the age of 18, giving victims more time to come forward after they become adults. For a variety of reasons, survivors of sexual assault often don’t report it for years.
- It extends the window for victims to bring a civil action until they turn age 55.
- It opens a one-year window for all past victims of child sexual abuse to file a civil claim, no matter how long ago it was, starting six months after the law takes effect.
If you are a victim of sexual abuse or know someone who is, you will no doubt have some questions about what the Child Victims Act specifically means for you or your loved ones. It is best to immediately consult with an experienced New York sexual abuse attorney to guide you and help you protect your legal rights under this new law.
Why You Should Hire a New York Child Victims Act Attorney
If you, your child or any other loved one was a victim of sexual abuse, it is important to know that you can pursue justice through the criminal and civil justice systems. The goal of a criminal proceeding is to protect society. Your child, or the victim, will serve as a witness for the prosecution.
The goal of a civil lawsuit is to seek the best interests of your sexually abused child. Civil cases often include seeking compensation for the physical and emotional injuries your child suffered and filing for restraining orders and custody as a result of the sexual abuse.
Survivors of child sexual assault now have the opportunity under the Child Victims Act to seek justice regardless of their age. But, as a victim, you need to act quickly. It is imperative that you immediately hire a Child Victims Act lawyer in NYC to use the rights afforded to you under the new law to get you the justice that you deserve.
Call Us Today
The most important step you can take as victim of childhood sexual abuse is to contact one of the attorneys at Gersowitz Libo & Korek, P.C. Each case has unique facts and circumstances that affect the strategy of pursuing your recovery.
If you or a loved one has been the victim of childhood sexual abuse, you may be entitled to monetary compensation. Although no amount of money will undo the harm caused, it can bring a sense of justice and closure for victims. For more information or to consult with an experienced NYC child sex abuse attorney, please call Gersowitz Libo & Korek, P.C. at 1-212-385-4410.
Frequently Asked Questions About the Child Victims Act
Although speaking with an NYC Child Victims Act attorney is best, below are some answers to frequently asked questions about the Child Victims Act.
Victims of childhood sexual abuse who were once too old to seek justice and compensation may now be able to do so. New York State passed the Child Victims Act into law on February 14, 2019, allowing victims of child abuse a chance to sue their attackers and the institutions that harbored them, no matter how long ago the abuse happened. This important law changes the state’s strict statute of limitations on sexual crimes against children.
The Child Victims Act Explained
New York victims of child abuse experienced a big victory with the passage of the Child Victims Act into law. The impact will be huge for victims. If you or a loved one is a childhood abuse victim, it is important to understand how this law can help you get justice as well as compensation.
After over a decade long battle, New York State Gov. Andrew Cuomo signed into law the Child Victims Act. The new law allows survivors of child sexual abuse until their 55th birthday to file a civil lawsuit against their attackers and the institutions that protected them. Criminal felony charges can be sought until the victim is 28 years old and misdemeanors can be filed until the victim is 25 years old.
The Look Back Window for Filing Civil Claims
A major part of the New York Child Victims Act is the provision that allows victims a one-time “look back” window of opportunity to file civil claims where the statute of limitations has already passed. In other words, regardless of how long ago you were sexually abused, you are able to file a civil lawsuit.
The law provides for the look back period to open six months from when the bill was enacted and will remain open for one year. This means, the look back period will open six months from now and remain open for a year. So, you will have until March 14, 2020 to file a civil claim against your perpetrator and the institution that harbored them.
Call Us for More Information!
If you or a loved one is the victim of child sexual abuse, you need to know how the Child Victims Act can help you get the justice you deserve. For more information or to better understand how this law can help you, please call our professional help center at 212-385-4410.
The most important step to take is to immediately consult with and hire an experienced and aggressive New York sexual abuse attorney who knows how to use the Child Victims Act to help protect your legal rights and get you the full compensation that you deserve.
Yes. The law allows the look-back period of one year for sexual abuse victims of any age to bring civil action against both private and public institutions.
The law allows you to file civil lawsuits against the abusers and institutions until you are 55 years old. The old law only allowed you to file suit until age 23.
The new law includes a “look-back window” for adult victims who were previously prohibited by the statute of limitations to sue during a one-year period.
Yes. The law gives law enforcement more time to file charges against sexual abusers. Under the new law, victims are able to seek felony criminal charges until their 28th birthday, and they will have until their 25 th birthday to seek misdemeanor charges.