Published by On February 27, 2019, the Legislature of New York State approved a legislation in Nov. 2018, titled the Child Victims Act. This act allows individuals who suffered sexual abuse during childhood to initiate a civil lawsuit against the perpetrator(s) up until they reach 55 years of age, marking a considerable extension from the former cutoff age of 23.
Free Confidential Lawsuit Evaluation: If you or a loved one has been the victim of any form of sexual abuse, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
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What’s the problem?
In addition to the changes made in regards to civil cases, the Child Victims Act [1] extends the statute of limitations (SOL) for victims in criminal cases of sexual abuse to file charges until the age of 28, according to The New York Times [2]. The bill also includes a one-year window during which victims of any age or time limit can come forward to prosecute.
Prior to the passage of the Child Victims Act, victims of childhood sexual abuse in New York had been pushing lawmakers for over a decade to increase their ability to seek justice, only to be denied by powerful lobbies such as insurance companies, private schools, and the Roman Catholic Church. As a result, the act remained stalled for 13 years.
Then the democrats won control of the Senate in November 2018. The Senate and Assembly overwhelmingly approved the act in January, with every senator — both Republican and Democrat — voting in favor, 130-3.
The bill greatly extends New York’s SOL for childhood sex abuse, which had previously required that criminal or civil charges be filed before the victim’s 23rd birthday. Prior to the passage of the act, New York had the third most restrictive laws in the entire U.S., behind Mississippi and Alabama.
Many other states allow such claims claims to be brought decades after the alleged abuse, and 9 states have no statutes of limitations at all.
Per the new law, prosecutors may bring criminal charges until a victim turns 28, and victims can sue until age 55. The bill also creates a year-long “look-back window,” during which old claims that had already passed the SOL may be revived.
Can I File a Class Action?
Although Schmidt & Clark, LLP, is a nationally recognized class action firm, we have decided against this type of litigation when it comes to New York Sexual Abuse Lawsuits. Our lawyers feel that if there is a successful resolution to these cases, individual suits, not class actions will be the best way to get maximum payouts to our clients.
If you’ve been the victim of sexual abuse in New York, we know you’ve suffered emotionally and economically, and want to work with you personally to obtain the maximum compensation for the damages caused by your injuries. Contact us today to learn more about your legal rights.
Related:
- Penn State Sexual Assault Litigation
- Penn State’s Football Coach Jerry Sandusky Sex Assault Litigation
- Ohio State Sexual Molestation Litigation
- San Diego Priest Sexual Molestation Litigation
FAQs
What compensation can I seek in a New York sexual abuse lawsuit?
In a New York sexual abuse lawsuit, survivors can seek compensation for medical expenses, psychological counseling, pain and suffering, lost wages, and other related damages. In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly egregious.
What evidence is needed to support a sexual abuse lawsuit in New York?
To support a sexual abuse lawsuit in New York, survivors typically need evidence such as personal testimony, medical and psychological records, witness statements, and any documentation that links the abuser or responsible institution to the misconduct. Expert testimony may also be used to establish the impact of the abuse.
How long do I have to file a sexual abuse lawsuit in New York?
Under the Child Victims Act, survivors of childhood sexual abuse have until they turn 55 years old to file a civil lawsuit. For adult survivors of sexual abuse, the statute of limitations varies, but recent changes in the law have provided more time to file claims. It’s important to consult with a lawyer to understand the specific deadlines applicable to your case.
Can I remain anonymous if I file a sexual abuse lawsuit in New York?
Yes, survivors of sexual abuse can often remain anonymous when filing a lawsuit in New York. This is typically done to protect the survivor’s privacy and minimize further trauma. The court may allow the use of pseudonyms or initials instead of full names in legal documents.
See the other sexual molestation litigations we’ve taken on.
Do I have a New York Sexual Abuse Lawsuit?
The Sexual Abuse Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in New York sexual abuse lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.
Free Case Evaluation: Again, if you or a loved one has been the victim of any form of sexual abuse, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.