What Is the Child Victims Act in New York?

20 Feb, 2019 0 comments

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.

Author: Jeff S. Korek

Jeff S. Korek joined Gersowitz, Libo and Korek, P.C. in 1992 as partner and trial attorney representing victims of medical malpractice and construction accidents. Known for his meticulous preparation and dedication to his clients, he has obtained substantial verdicts.