Governor Andrew Cuomo of New York signed the Child Victims Act into law on Feb. 14, expanding the rights of sexual abuse victims in New York State by enhancing and updating the state’s sexual assault laws.

The Child Victims Act updates New York’s outdated laws regarding child abuse and sexual assault, and provides further rights and protections for victims.

Previous sexual assault laws in New York were some of the nation’s strictest, outlining a short statute of limitations and limiting the ways that victims were able to pursue justice. They also made it more difficult for victims to seek damages against institutions, including the Catholic Church, and public and private school systems. The new laws will change and expand the ways that victims are able to seek justice.

What is the Child Victims Act?

According to WKBW out of Buffalo, N.Y., the Child Victims Act is a bill that has been in the making for over a decade. New York Catholic Church bishops spent almost $2 million in lobbying efforts against this bill and similar sexual assault laws over the years. After being stalled for 12 years, the bill was passed by the State Senate and State Assembly earlier this month, and was signed by Gov. Cuomo into law on Feb. 14.

While the changes instituted in the bill were originally initiated in response to the enormous amount of child sexual abuse allegations lodged against the Catholic Church and its bishops and priests, the Child Victims Act applies to secular institutions just as much as religious ones. State legislators credited survivors of abuse from the Buffalo Diocese as being a key part of the bill receiving enough support to pass.

While victims of the Catholic Church may be the ones leading the charge to update the nation’s sexual assault laws, sexual abuse is not a problem limited to the church. Many other victims have come forward, alleging suffering abuses within public and private school systems or after-school programs such as sports.

What Changes are Instituted by the Child Victims Act?

The Child Victims Act extends the statute of limitations regarding child sexual assault and also provides a one-year “lookback window” during which expired cases may be opened or reopened. Under the new law, criminal charges may be initiated until the victim turns 28 (up from age 23), and victims can bring civil claims until they turn 55.

The new age limits will allow a longer time period for victims to seek damages against their abusers. Additionally, the lookback window allows victims whose cases expired under the old laws a second chance at seeking justice. The Child Victims Act also allows victims to seek justice from institutions, as well as individuals. These institutions include churches, private schools, and public schools.

Archdiocese of New York Sues 32 Insurance Companies

According to research by the Journal News/lohud.com, an estimated 2,500 people could file lawsuits against New York-based organizations once the one-year look-back window opens on Aug. 14.

In anticipation of a flood of lawsuits, the Archdiocese of New York requested the courts force 32 insurers to offer defense coverage and potential settlements, according to lohud.com. The archdiocese said it filed a breach of contract lawsuit against the insurance companies in New York Supreme Court on behalf of other religious organizations, schools, hospitals and any other organization that could be affected by the change in the law.

The archdiocese allegedly bought liability insurance policies years ago and have paid premiums for such coverage for many years.  However, the archdiocese was told by at least one insurance company that such coverage was not going to be forthcoming, which prompted the church to turn to the courts.

The Catholic church could be greatly impacted by sexual abuse lawsuits filed by victims whose previous statute of limitations had run out. The cases allegedly could cost the church tens of millions of dollars.

The church is concerned that the financial consequences could be problematic for the religious institutions that wish to continue serving their parishioners, particularly thorough ancillary institutions not directly related to ministry. The Archdiocese of New York reportedly has 300 incorporated parishes and runs 200 schools in the area.

The website for the Archdiocese of New York has an “Online Complaint Form” that can be completed and submitted to “present an allegation that a cleric (bishop, priest, deacon) has committed an act of sexual abuse by a minor.” The form also directs the reader to contact 911 if the child is in imminent danger and to report the incident to the District Attorney’s Office.

If you have been victimized or abused by a teacher, pastor, coach, or other trusted adult, a knowledgeable sexual assault attorney can counsel you about your legal options.

This article is not legal advice. It is presented
for informational purposes only.