There seem to be new stories daily about New York’s Child Victims Act. From speculation on its repercussions to the specific details of the proposed law, it can seem like there is a flood of news about this vitally important piece of legislation. With the passage of the Child Victims Act, the following list has been compiled by Parker Waichman to highlight the 5 Most Important Facts About this new legislation.
5. The Child Victims Act Will Still Require a Legal Battle
Although it is a positive development for victims of childhood sexual abuse, the Child Victims Act only extends the time that victims have to file a criminal or civil suit. Victims of childhood sexual abuse still need to retain legal counsel and prepare to challenge their abusers in a court of law.
4. The Child Victims Act Does Not Favor The Victims of Abuse
Although it gives victims more time, the Child Victims Act still requires a solid case and a well-prepared strategy. Contacting pediatricians who may have examined the victim for signs of abuse, as well as assembling any hard proof that places the victim and abuser together are necessary for an airtight case.
3. Private Establishments Will Not Make Pursuing Justice Easy
Although there are many abusers who will likely face criminal charges with the passage of the Child Victims Act, including public school teachers and family members, private establishments such as the Catholic Church or the Boy Scouts of America have almost certainly prepared their own legal defenses with their vast pools of resources.
2. The Statute of Limitations Has Changed For Criminal AND Civil Suits
The extension of the statute of limitations in criminal suits is well-known to be extended to the age of 28, from its previous limit of 23, but it’s important to note there is also an extension of the statute of limitations for civil lawsuits. Under the Child Victims Act, civil lawsuits are valid until the age of 55. This gives hope to victims who have been burdened with costs of therapy or have had to go without due to the high cost of mental healthcare.
1. Now That The Law Has Passed, Older Victims Have A Small Window to Seek Justice
By far the most important fact to know about the Child Victims Act is now that it is signed into law by Governor Cuomo, victims over the age of 23 have a one-year window to file sexual abuse claims in civil or criminal courts. That means time is limited to file a civil claim or press criminal charges.
Childhood sexual abuse is a traumatic and distressing event that can impact the course of a young child’s life. If you, or a loved one, have been the victim of childhood sexual abuse, there are resources available to you. RAININ is a national sexual abuse outreach program that has been operating for over 25 years. For victims in New York, the New York State Coalition Against Sexual Assault and the New York City Alliance Against Sexual Assault are available to help. And if you or a loved one need legal assistance in extracting restitution on the establishments that have wronged you, call Parker Waichman LLP.
Parker Waichman LLP is proud to serve victims of sexual abuse in New York. With our team of experienced lawyers and vast legal resources, Parker Waichman is uniquely qualified to represent you in your time of need. Contact Parker Waichman today for a free case consultation.
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