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One-Year Window to File Sex Abuse Lawsuits in New York

New York Governor Andrew Cuomo made it a priority to ensure victims of child sex abuse have an opportunity to hold their abusers accountable in a court of law.  In February of 2019, Governor Cuomo signed the Child Victims Act into law, with the law to take effect six months after passage.  Now that it […]

Victims of Child Sex Abuse Now Have One-Year Window to File Lawsuits in New York

1yr window to file sex abuse lawsuits NYC

New York Governor Andrew Cuomo made it a priority to ensure victims of child sex abuse have an opportunity to hold their abusers accountable in a court of law.  In February of 2019, Governor Cuomo signed the Child Victims Act into law, with the law to take effect six months after passage.  Now that it has been six months since the Act was signed into law, victims of child sex abuse are beginning to file lawsuits.

As of the effective date of the Child Victims Act, nearly 400 lawsuits had already been filed by mid-day, with hundreds more to follow.  The total number of lawsuits filed over the next year will reach the thousands.  A significant portion of lawsuits being filed pertains to allegations of abuse that happened over the past few decades.  Many victims of abuse may not have come forward early on, which is not uncommon.  Victims are often not taken seriously, and their abusers may hold positions of power, making it difficult to hold the abusers accountable.  Jeffrey Epstein is a prime example.

Ordinarily, the statute of limitations would have already expired for many abuse victims.  However, the Child Victims Act provides claims which have technically expired to be filed over the next year.  As such, the statute of limitations is essentially being extended for an additional year as of the Act’s effective date, which is August 14, 2019.

Victims of child sex abuse are encouraged to take advantage of the new law as they may not have another chance to hold their abusers accountable. While many victims have filed lawsuits against the alleged abusers, a significant number of lawsuits name churches and organization such as Boy Scouts of America.  Institutions such as churches, schools, and organizations were often aware of child sex abuse but took no action to stop the abuse. Therefore, victims are seeking to hold not only their abusers accountable but also the institutions that allowed the abuse to continue.

New York Courts Dedicate 45 Judges to Handle Child Sex Abuse Cases

Because hundreds of lawsuits have already been filed on the first day the Child Victims Act has taken effect, the New York court system has dedicated 45 judges to specifically handle child sex abuse cases.  Without additional judges, the court system would become extremely backlogged, and it would take years before many cases reached a jury.  The addition of dedicated judges should help to alleviate the administrative burden on New York courts.


 

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