KJ McElrath  |  February 26, 2019

Category: Legal News

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Close-up of man's hands behind barsThanks to new state legislation, adult survivors of childhood sexual molestation have additional time to hold their abusers accountable.

Rochester’s Democrat & Chronicle reports that New York state lawmakers passed a law that expands protections and rights for adults who suffered sexual abuse as children. Other major news outlets report that similar bills are currently before the legislatures in Pennsylvania and New Jersey.

If these bills are signed into law, they would effectively lift the criminal statute of limitations on sexual assault, and would give victims additional time to file civil lawsuits against their abusers. This would also extend to public and private institutions that either failed to protect victims, or that covered up perpetrators’ actions.

Expanded Victims’ Rights and Protections in NY

Previously, child molestation victims were able to file criminal or civil charges against their abusers until their 23rd birthday. Thanks to newly-revised statutes, they can now bring criminal charges until the age of 28. Sexual abuse survivors can also file a civil complaint until they are 55.

New York’s Child Victims Act (SB S2440) was finally signed into law in February 2019 by Gov. Andrew Cuomo after a 13 year battle with insurers, private schools and churches as well as pro-business legislators who fear that sexual abuse allegations could lead to financial ruin for organizations accused of protecting abusers.

It required a major shift of control over the New York Assembly in 2018 to finally pass the bill. At a ceremony in Manhattan, Gov. Cuomo told victims, “I hope you can find a slight sense of peace and a slight sense of vindication that you did not endure this pain without reason.”

In addition to expanding the statute of limitations on criminal and civil charges, the new law provides a one-time, one year window of opportunity for victims to file lawsuits, regardless of when the alleged molestation took place.

Proposed Molestation Victims’ Protections in PA

In August 2018, a grand jury in Pennsylvania released a shocking report revealing that over 300 “predator priests” had faced allegations of sexually abusing more than 1,000 children and adolescents over a period of seven decades. The reports recommends the elimination of statutes of limitations for pursuing criminal charges, stating that “no piece of legislation can predict the point at which a victim of child sex abuse will find the strength to come forward.”

Unfortunately, the new law currently making its way through the state legislature may not completely help those victims for whom the criminal statute of limitations has already expired. According to Child USA, an organization working to stop the sexual exploitation of children, this is because of a U.S. Supreme Court ruling that revival of expired criminal charges was unconstitutional. However, the Supreme Court did find that providing a “one-year window” for expired civil claims was constitutional – so victims could still find remedies through civil action.

Proposed Legislation Moves Forward in New Jersey

A bill moving through the New Jersey legislation would also expand the statute of limitations for filing lawsuits in sexual assault cases. Furthermore, victims who were previously unable to bring civil action would have a 2-year window, starting on Dec. 1, 2019. Additionally, they would be able to file lawsuits until age 55 or within 7 years of the time they became aware of the incident(s), whichever is later. Current New Jersey law has no statute of limitations for criminal sexual assault.

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If you were sexually assaulted as a child in New York or Pennsylvania, even decades ago, experienced sexual assault attorneys are ready to help. Fill out the free form on this page for more information.

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