Yourlawyer.com (New York Child Sexual Abuse News)

New York Child Victims Act Moves Forward

Thu, 19 Mar 2009 00:00:00 -0700

The New York Child Victims Act is now closer to becoming law. The act, which would extend the statute of limitations for filing child sex abuse lawsuits, was approved by the New York Assembly Codes Committee on Tuesday. The New York Child Victims Act now moves on to the full Assembly, although a vote is not expected for several weeks.

The impetus for the Child Victims Act was the Roman Catholic Church child sexual abuse scandal that has rocked New York, as well as much of the country, over the past decade. Because of the current statute of limitations, hundreds of claims filed in recent years against Catholic priests and dioceses in New York have been dismissed.

Currently, the deadline for bringing such a lawsuit in New York is 5 years after a victim turns 18. As we reported earlier this month, the Child Victims Act would give victims a one-year exemption from the statute of limitations. Regardless of how long ago the alleged abuse occurred, they could file suit in civil court. At the year’s end, time limits on such claims would be restored, but with a wider window: Instead of a five-year period after turning 18, victims would have 10 years to file claims.

The Child Victims Act has been proposed before, but never passed. According to a report in The New York Times, Republicans in the state Senate had always been able to block the bill. But, the Democrats now control the legislature. What’s more, the Times said Gov. David Paterson is a proponent of the act, and would likely sign it if it is passed.

According to a report on The National Law Journal website, the Codes Committee passed the Child Victims Act by a margin of 11-8. An alternate measure, which was supported by religious institutions, including the Catholic Church, was defeated by the same margin. The alternate would have extended to 25 the age until which childhood sex abuse victims can file civil suits, the Law Journal said. However, it did not provide any relief to victims whose claims now exceed the statute of limitations.

Both the Catholic Church and some Orthodox Jewish groups oppose the Child Victims Act. According to the Law Journal, the Church argues that it would allow lawsuits for decades-old claims that would be impossible to defend.

Supporters of the alternative also claim it closes a loophole in the Child Victims Act by allowing suits based on the sexual abuse of children in schools, housing complexes and other public accommodations, the Law Journal said. They claim legal protections granted under existing state law to all public workers and agencies would bar such lawsuits. But advocates of the Child Victims Act say the legislation does allow those types of claims.

Some other states have already adopted laws similar to the New York Child Victims Act. In California alone, such a measure has allowed the adult victims of child sexual abuse at the hands of Roman Catholic clergy to win between $800 million to $1 billion in damages and settlements.

Roman Catholic Church Still Paying for Priest Abuse

Tue, 17 Mar 2009 00:00:00 -0700

The Roman Catholic Church continues to pay out large settlements to the victims of sexual abuse at the hands of wayward priests. According to the Associated Press, an annual report recently released by the U.S. Conference of Catholic Bishops said that the Church has paid out more than $2.6 billion in abuse settlements and expenses since 1950.

According to the report, the Los Angeles Diocese has spent the largest on settlements so far. In 2007, the Diocese began paying out a $660 million settlement to about 500 people, the Associated Press said. It was the largest such deal by a U.S. diocese so far.

Abuse claims are still being made, according to the report. Last year, the number of claims rose by 16 percent, the Associated Press said. Most of the cases involve adults who were abused decades ago.

The fact that so many victims wait decades to report their abuse at the hands of priests has led many states to change their statutes of limitations that set a deadline for filing child sexual abuse lawsuits. New York State is currently considering such a law.

Advocates for the proposed New York law - known as the Child Victims Act - argue that guilt, shame and fear of the emotional toll on family members prevent many from reporting sexual abuse until well into adulthood. They also point to evidence that some in the Church hierarchy covered up abuse allegations, moved guilty priests from parish to parish rather than remove them from ministry, and took actions that made it difficult for victims to come forward.

Currently, the deadline in New York for filing a child sexual abuse lawsuit is 5 years after a victim turns 18. According to The New York Times, the Child Victims Act would give victims a one-year exemption from the statute of limitations. Regardless of how long ago the alleged abuse occurred, they could file suit in civil court. At the year’s end, time limits on such claims would be restored, but with a wider window: Instead of a five-year period after turning 18, victims would have 10 years to file claims, the Times said

As it is written now, the Child Victims Act would only apply to lawsuits filed against private institutions and individuals. This is mainly because of legal protections granted under existing state law to all public workers and agencies. According to the Times, critics of the act have argued that this unfairly discriminates against religious institutions and private schools. But proponents of the Child Victims Act have said that the disparity could be addressed in future legislation.

The New York Child Victims Act has been proposed before, but never passed. According to The New York Times, Republicans in the state Senate had always been able to block the bill. But, the Democrats now control the legislature. What’s more, the Times said Gov. David Paterson is a proponent of the act, and would likely sign it if it is passed.

New York Child Sexual Abuse Law Could Allow More Adult Victims to File Lawsuits

Thu, 12 Mar 2009 00:00:00 -0700

The New York state legislature could soon make it possible for many adult victims of child sexual abuse to file civil suits against their abusers, as well as any institution that enabled that abuse. According to The New York Times, a law that would extend the deadline victims have for filing child abuse lawsuits could finally become law sometime this year.

The law - called the Child Victims Act - has been proposed before, but never passed. According to The New York Times, Republicans in the state Senate had always been able to block the bill. But, the Democrats now control the legislature. What's more, the Times said Gov. David Paterson is a proponent of the act, and would likely sign it if it is passed.

Currently, the deadline for bringing such a lawsuit is 5 years after a victim turns 18. According to The New York Times, the Child Victims Act would give victims a one-year exemption from the statute of limitations. Regardless of how long ago the alleged abuse occurred, they could file suit in civil court. At the year’s end, time limits on such claims would be restored, but with a wider window: Instead of a five-year period after turning 18, victims would have 10 years to file claims, the Times said

As it is written now, the Child Victims Act would only apply to lawsuits filed against private institutions and individuals. This is mainly because of legal protections granted under existing state law to all public workers and agencies. According to the Times, critics of the act have argued that this unfairly discriminates against religious institutions and private schools. But proponents of the Child Victims Act have said that the disparity could be addressed in future legislation.

Those who support the bill are hoping to provide an avenue for victims of abuse some avenue of recourse. According to The New York Times, the Child Victims Act was inspired by the clergy abuse scandals in the Roman Catholic Church over the past decade. Critics of the Church have accused its hierarchy of enabling the abuse. In some instances, abusive priests were allowed to torment children for decades. Often, this occurred because those guilty of abuse were simply moved from parish to parish to keep allegations quiet. When the abuse scandals surfaced, hundreds of victims in New York found they could not bring suit against the Church and its officials because of the statute of limitations.

According to The New York Times, several other states have passed similar laws. Such a measure has allowed the adult victims of child sexual abuse at the hands of Roman Catholic clergy to win between $800 million to $1 billion in damages and settlements, the Times said.

NY Child Sex Abuse New York Statutes Limitations

Thu, 12 Mar 2009 00:00:00 -0700

New York Child Sexual Abuse Lawyers

Keywords: Child Sex Abuse NY New York Statues Limitations

The lawyers / attorneys at our firm are offing free case evaluations to victims of child sexual abuse in New York state. In 2009, the New York State Legislature began considering a law that would temporarily lift the statute of limitations - which currently stands at 5 years after a victim's 18th birthday - for filing civil lawsuits alleging the sexual abuse of children. Our New York child sexual abuse lawyers believe there is a very high probability that this law - called the Child Victims Act - will be enacted.

If the New York child sexual abuse statute of limitations is lifted, adult victims of this crime will finally be able to hold many of the individuals and institutions involved in these horrific incidents accountable for the misery they have caused. To prepare for the change in the law, our New York child sexual abuse lawyers are actively investigating potential lawsuits on behalf of many victims who are now adults.

If you or someone you love was a victim of sexual abuse as a child in New York, you could be entitled to compensation if the statute of limitations is suspended. We urge you to contact one of our experienced New York child sexual abuse lawyers right away in order to protect your legal rights.

New York Child Victims Act

A law to temporarily suspend the New York child sexual abuse 5 year statute of limitations had been proposed before. But it wasn't until a Democratic majority took control of the state Senate in 2009 that such a law had any chance of success. Governor David Paterson is a long-time supporter of the Child Victims Act, and is expected to sign the bill if it is approved by the legislature.

The impetus for the Child Victims Act was the Roman Catholic Church child sexual abuse scandal that has rocked New York, as well as much of the country, over the past decade. Because of the current statute of limitations, hundreds of claims filed in recent years against Catholic priests and dioceses in New York have been dismissed. This has occurred despite a mountain of evidence proving that Church officials covered up acts of abuse committed by Catholic priests.

Under the proposed Child Victims Act, people claiming they were sexually abused as children would be given a one-year exemption from the statute of limitations. Regardless of how long ago the alleged abuse occurred, they could file suit in civil court. At the year’s end, time limits on such claims would be restored, but with a wider window: Instead of a five-year period after turning 18, victims would have 10 years to file claims.

As it is written now, the Child Victims Act would only apply to lawsuits filed against private institutions and individuals. This is mainly because of legal protections granted under existing state law to all public workers and agencies. However, proponents of the Child Victims Act have said that the disparity could be addressed in future legislation.

Victims advocates in New York have been pushing for the adoption of the Child Victims Act. They point out that guilt, shame and fear of the emotional toll on family members prevent many from reporting sexual abuse until well into adulthood. In states where similar measures have passed, adult victims of child sexual abuse have been able to hold the individuals and institutions responsible accountable for the pain they've caused. In California alone, such a measure has allowed the adult victims of child sexual abuse at the hands of Roman Catholic clergy to win between $800 million to $1 billion in damages and settlements.

Clergy Sexual Abuse

One of the worst types of child sexual abuse is that which occurs at the hands of a trusted member of the clergy. In fact, recent clergy abuse scandals were the major motivation for proponents of the New York Child Victims Act. Not surprisingly, the leaders of many religious denominations - including the Roman Catholic Church, as well as the heads of Hasidic and Sephardic Jewish institutions in Brooklyn - have voiced opposition to the bill.

Although clergy sexual abuse has been reported in nearly all religions and denominations, the Roman Catholic Church has been at the center of some of the most sensationalized clergy sexual abuse cases. In some instances, abusive priests were allowed to torment children for decades. Often, abusive priests were simply moved from parish to parish to keep abuse allegations quiet. These scandals have prompted several states to enact laws like the Child Victims Act currently being considered in New York.

In 2004, the John Jay College of Criminal Justice released a report of the scope of priest sexual abuse in the Roman Catholic Church that was commissioned by the US Bishops National Review Board. The John Jay report found that about 4 percent of US priests ministering from 1950 to 2002 were accused of sex abuse with a minor. The study said that 4,392 clergymen—almost all priests—were accused of abusing 10,667 people, with 75 percent of the incidents taking place between 1960 and 1984. For the entire 52-year period "the problem was indeed widespread and affected more than 95 percent of the dioceses and approximately 60 percent of religious communities," said the study.

As traumatic as clergy sexual abuse is for children, the consequences of this crime do not end when the abuse ends. Adults who suffered abuse at the hands of clergy as children continue to be haunted by their predators. A 2005 study of adults in California who were sexual abuse victims that appeared in the "American Journal of Preventative Medicine" found that sexual abuse significantly increases the risk of developing health and social problems -- such as drug and alcohol abuse, mental illness, and marital strife -- in both men and women. A history of suicide attempt was more than twice as likely among both male and female victims as among nonvictims. Similarly, sexually abused adults of both genders faced a 40 percent greater risk of marrying an alcoholic.

Our New York child sexual abuse lawyers are committed to holding religious leaders accountable for their failure to protect children. While no amount of money can ever make up for the shattered lives left in the wake of this crime, appropriate compensation can help victims pay for the extensive therapy they often need to restore some sense of normalcy to their lives. The filing of a clergy sexual abuse lawsuit can also give victims a sense of empowerment, as such proceedings force religious leaders to listen to victims and acknowledge the harm that has been done.

Legal Help for Victims of Clergy Sexual Abuse

If you or some one you know were an adult victim of child sexual abuse in New York, you could soon be eligible to pursue compensation for your injuries. Please fill out our online form, or call 1-800-LAW-INFO (1-800-529-4636) to discuss your case with one of our New York child sexual abuse lawyers.