Kim Gale  |  September 12, 2019

Category: Legal News

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Some states have made it easier for adult survivors of childhood sexual abuse to seek justice.Across the United States, adult survivors of childhood sexual abuse are filing lawsuits against the Boy Scouts of America.

Even though many of the alleged assaults occurred decades ago, new laws in several states are allowing lawsuits to go forward. Most of the new cases would not have been permitted under old statutes of limitation that barred many survivors from taking legal action.

In February, New York Gov. Andrew Cuomo signed the Child Victims Act, which created a one-year look-back window for claims previously barred by statutes of limitation.

The law also allows adult survivors of childhood sexual abuse to file civil lawsuits until they turn 55 and to seek the filing of criminal charges until they turn 28.  Previously, these alleged victims only had until age 23 to seek criminal charges against their perpetrators, according to U.S. News & World Report.

Public and private schools and organizations like the Boy Scouts of America can be sued as well, for protecting or hiding the abusers.

New Jersey passed a law allowing sexual assault survivors to file a lawsuit against alleged abusers until the victim turns 55, or within seven years of realizing the past abuse harmed them. Gov. Phil Murphy signed the law in May, which improves upon the previous law, which gave  sexual abuse survivors just two years to file charges and only allowed them to bring a lawsuit until age 20.

Like New York, the New Jersey law includes a look-back window, giving survivors two years to file lawsuits against their abusers and the institution(s) that harbored them, even if the old statute of limitations had prevented legal action.

Adult Survivors of Childhood Sexual Abuse Empowered

By allowing adults to file lawsuits against the abusers and the institutions decades later, the adults who have lived with the scars of childhood sexual abuse will be able to take a step toward healing by holding accountable those who were in power at the time.

Because of the onslaught of litigation, there is a risk of financial instability by the institutions. The Boy Scouts of America may have to file bankruptcy, and many Roman Catholic dioceses have faced bankruptcy because of the number of lawsuits and settlements the Catholic Church has had to remedy.

According to ABC News, at least two dozen lawsuits have been filed against the Boy Scouts of America in New York state since the look-back window opened on Aug. 14. Another 150 former Boy Scouts who allege they were sexually abused as children are filing a lawsuit when New Jersey’s look-back window opens Dec. 1.

Although Pennsylvania has not instituted a new law, an appeals court in the state set precedent by ruling the statute of limitations could be overruled if a child sex abuse survivor was able to show the abuser’s conduct was hidden by fraud.

The adverse effects of child sexual abuse cannot be overstated, said Charles Wright, a 75-year-old man who told ABC News he was sexually assaulted by a Scout leader when he was 11 years old. Wright said he didn’t tell anyone for years. Despite his desire to become a Baptist minister, he became addicted to alcohol and drugs to cope with what he endured as a boy.

The Boy Scouts of America states it now requires mandatory criminal background checks and ensures a minimum of two adult leaders are with children at all time during Scout activities.

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If you were a victim of sexual assault even if it was years ago, you may qualify to join this sexual assault lawsuit investigation. See if you qualify for a free case evaluation with a sexual assault attorney by filling out the free form on this page. 

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

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