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Seeking justice after abuse can be a long, exhausting battle. Even when survivors of sexual abuse find the courage to speak out, their state’s laws may not support them in actually seeking justice and holding responsible parties accountable for their actions and inactions.
On top of that, records that may provide evidence of the abuse are often difficult or even impossible to locate, years after the fact. And many who are abused as children don’t understand the scope of what happened to them until much, much later.
These are some of the barriers that prevented Timothy Schlenz, a New York man who alleges he was regularly abused as a child by a priest who tutored him at his Manhattan church, from pursuing litigation.
Schlenz, like many who suffer childhood sexual abuse, didn’t come to understand his abuse until years later—but by then, he wasn’t allowed to press charges, as the statute of limitations had passed.
The New York Child Victims Act has changed that, and provided Timothy and many others who experienced sexual abuse as children the ability to come forward and file litigation, years or even decades after the abuse took place, per NBC News.
In February 2019, the New York Child Victims Act was signed into law by New York Governor Andrew Cuomo, extending the timeframe in which victims of childhood sexual abuse could pursue litigation. Under the new law, the statute of limitations moved from age 23 to 55 in civil cases, and until age 28 for criminal prosecution.
Under the new rules introduced by the New York Child Victims Act, individuals were also given a one-year look back window for filing cases that had expired under the previous laws. The original deadline was set for Aug. 2020, but because of the COVID-19 pandemic, it was extended by an executive order from Cuomo until Jan. 14, 2021. It was later extended once again until Aug. 14, 2021, which is the new (and swiftly approaching) deadline.
“The Child Victims Act brought a long-needed pathway to justice for people who were abused, and helps right wrongs that went unacknowledged and unpunished for far too long and we cannot let this pandemic limit the ability for survivors to have their day in court,” Governor Cuomo said.
There are more obstacles on the path to justice for many survivors of childhood sexual assault. Timothy Schlenz, for instance, found that before he could file his New York Child Victims Act case against his alleged abuser, the Rev. Carleton P. Jones, the priest had been exonerated within the Dominican Friars Province of Saint Joseph and essentially managed to disappear off of the map.
However, the introduction and extension of the New York Child Victims Act is an excellent step forward in helping those who were abused as children seek justice for the wrong done to them.
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