Top Class Actions  |  November 24, 2021

Category: Lawsuits to Join

Who’s Affected?

Help for Victims of Sexual abuse

Were you sexually abused as a child in Pennsylvania, New Jersey, or New York?

You may be able to hold sexual abusers accountable under newly expanded protections for sexual assault survivors in these states.

New laws recently passed in Pennsylvania, New York, and New Jersey have extended protections to those who were sexually abused as children, allowing them more time to pursue litigation and hold their abusers accountable.

For instance, in New York, survivors of sexual abuse as children now have until the age of 55 to bring civil lawsuits against alleged perpetrators, and a “look-back window” period has been created for those who previously tried to bring claims but were denied due to the statute of limitations.

The expanded laws in these states will allow child sexual abuse survivors who may have lived with the pain of the abuse for decades to bring not only the perpetrators to justice but also public and private entities who may have protected abusers by ignoring or actively covering up abuse.

If you suffered sexual abuse as a child in Pennsylvania, New Jersey, or New York by someone at a public or private institution, legal help is available. 

Fill out the FREE form on this page for more information.

New York Sexual Assault Laws Expand Protections

In New York, sexual abuse victims previously had only until age 23 to file criminal or civil charges. Now, under the New York Child Victims Act signed into law in Feb. 2019, prosecutors can bring criminal charges until the victim turns 28, and victims can file civil lawsuits until age 55.

The new law was fought against for years by insurance companies, private schools, and religious organizations, according to The New York Times. These organizations argued that the allegations of abuse could send their organizations into bankruptcy.

However, with control of the New York state legislature in different hands, the Child Victims Act passed with bipartisan support and was successfully signed into law.

Prior to the passage of the law in New York, child sexual abuse claims in New York were some of the most restrictive in the nation, according to The New York Times, setting a particularly strict deadline for survivors. Survivors in certain other states have decades or even no limit on when they may bring claims against abusers.

In addition to expanding the ability of survivors to bring civil and criminal claims against their abusers, the New York law also contains a “look-back” provision. The “look-back period allows survivors one year after the passage of the law to revive old claims.

“The work starts now. A different kind of work starts now,” an advocate told The New York Times. “A one-year window is a very short period of time. There’s a lot of people to get that information to.”

However, survivors ended up with more than a one-year window. Indeed, due to the COVID-19 pandemic, the look-back window was extended substantially with a new deadline of Aug. 14, 2021, though it has now passed.

Advocates say that the updated child abuse laws have been a long time coming.

“It gives meaning and purpose to everything I and my fellow survivors have gone through,” said one survivor who spent years pushing for the law in New York. The survivor, who spent his childhood on Long Island, told the New York Times that he was sexually abused by a staff member of his high school as a teenager. He wrote a letter telling the school about the abuse, but not until he was 62 years old.

Indeed, those who survive sexual abuse as a child often take years and even decades to come to terms with the devastating injuries. Sadly, these assaults on the most vulnerable often occur by trusted adults in positions of authority. Organizations have also been known to protect the abuser rather than listen to sexual abuse victims.

These newly expanded laws can help those who have been silent about sexual abuse they survived as a child and hold their abusers and any involved organizations accountable.

“Today, in passing the Child Victims Act, we are finally telling the survivors: The State of New York and the full force of its law is behind you, and you will not be turned away,” said one sponsor of the bill upon its successful passing, according to NBC News.

Those who were sexual abuse victims as children may be able to file a civil lawsuit against their abusers, as well as any organizations or institutions who may have shielded that abuser.

New Jersey Sexual Assault Laws

New Jersey has also amended its sexual assault laws to help survivors seek justice, including survivors of Catholic clergy abuse.

On Dec. 1, 2019, a new law went into effect in New Jersey that similarly gives survivors a two-year window to file civil claims related to abuse that took place years or even decades ago — claims that were previously barred by the statute of limitations.

The new law also makes these permanent changes to the statute of limitations:

  • Child victims will have until age 55 to file lawsuits against individuals and institutions.
  • Adult victims get seven years from when they realize the abuse is the source of emotional or mental health problems.
  • Victims who were previously prevented from filing a lawsuit because of the previous statute of limitations will get an additional two years to file suit.

In addition, victims of clergy abuse in New Jersey also had the option of seeking compensation through the New Jersey Catholic Church Compensation Fund, though it closed in early 2020.

Pennsylvania Sexual Assault Laws

In November 2019, the state of Pennsylvania made sweeping changes to its child sexual abuse laws when Gov. Tom Wolf signed a central bill which allows “future victims of child sex abuse more time to file lawsuits and ends time limits for police to file criminal charges,” AP News reports.

This change has been in the making since a 2018 grand jury report discovered more than 1,000 cases of child sexual abuse by hundreds of Roman Catholic priests in Pennsylvania over the course of several decades.

The statute of limitations in the state of Pennsylvania, according to RAINN, says that “Prosecution against the perpetrator of this crime must commence within 12 years after commission of the offense; or If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.”

A look-back window has not yet been introduced in Pennsylvania, though the effort is underway. An error from the state department caused the proposed amendment to be delayed, and the earliest it can now go onto the ballot is 2023. State Secretary Kathy Bookvar resigned over the mistake.

If you were sexually assaulted as a child in Pennsylvania, New Jersey, or New York—even decades ago—experienced sexual assault attorneys are ready to help.

Fill out the free form on this page for more information. 

Get Help – It’s Free

Join a Free Pennsylvania, New Jersey, New York Sexual Assault Lawsuit Investigation

If you were the victim of clergy sexual abuse as a child, get help from a clergy abuse lawyer through one of the following pages: 

Pennsylvania Catholic Church Sex Abuse

New Jersey Catholic Church Sexual Abuse

New York Catholic Church Sexual Abuse

California Catholic Church Sexual Abuse

If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

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