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After New York expanded its childhood sexual abuse statute of limitations, allowing survivors to file lawsuits against their abusers and the organizations that allowed their abuse, plaintiffs face new challenges with old evidence and organizations filing for bankruptcy.
Within the first 24 hours of the act going into effect, hundreds of lawsuits had already been filed.
Now, more than a thousand people have begun pursuing litigation after the New York Child Victims Act was passed. Several other states have also revived their civil statutes of limitations for child sexual abuse survivors.
Many of these plaintiffs may have lost hope that they would be able to seek justice against their abusers or the organizations that failed them. Unfortunately, while seeking justice is now possible under the expanded statute of limitations, it is not easy.
There are many significant challenges, such as the fact that for many, evidence that would help their case is old or nonexistent. Organizations that may have actively covered up the abuse may have obscured or destroyed what evidence was there. This makes it difficult for their claims to hold legal weight.
Moreover, while these victims were children when the alleged abuse took place, often decades ago, their alleged abusers were adults—many of whom have since died.
Many child sexual abuse survivors have begun pursuing litigation against organizations like the Boy Scouts, churches, schools, and others that they say allowed the abuse to take place, which puts the onus on the plaintiffs to prove that the organizations knew about, enabled, or covered up the abuse.
To make matters more difficult, many of the organizations being accused in these lawsuits have filed for bankruptcy protection, including the Boy Scouts of America, nearly two dozen Catholic dioceses, and three religious orders, which could ultimately limit the kind of compensation that victims could expect to receive from their litigation.
In many cases, these lawsuits have been put on hold while these organizations deal with their bankruptcy proceedings. This means that even if these survivors eventually get justice and receive compensation for their suffering, that may be years or even decades away.
The Diocese of Rockville Center even argued that New York’s extended filing deadline violated the state’s constitution, and has sued to end the Child Victims Act.
Filing a Child Sexual Abuse Lawsuit
Child sexual abuse survivors may be able to file a lawsuit, and while litigation cannot take away the pain and suffering, or trauma caused by child sex abuse, it can at least help to provide some monetary compensation, as well as hold those responsible for your suffering accountable for their actions and inactions.
Filing a lawsuit can be a daunting prospect, especially over child sexual abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
Join a Free New Jersey-New York Sexual Assault Lawsuit Investigation
If you were sexually assaulted as a child in 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.
This article is not legal advice. It is presented
for informational purposes only.
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