Joanna Szabo  |  January 15, 2020

Category: Legal News

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Adult survivors of childhood sex abuse may have longer statute of limitationsThe one-year window for adult survivors of child sex abuse to file litigation under the New York Child Victims Act is set to expire on Aug. 14, 2020, but a measure was recently introduced to extend that period for another year, until Aug. 14, 2021.

The New York Child Victims Act was first passed back in January 2019, increasing the statute of limitations for adult survivors of child sex abuse to pursue litigation until the age of 55 for civil cases, and until the age of 28 for criminal cases.

This is a substantial change from the previous time limit of the victim’s 23rd birthday. In addition to raising the statute of limitations indefinitely, the New York Child Victims Act also opened a one-year window for adult survivors of child sex abuse of any age to come forward to prosecute, regardless of how long ago the abuse took place.

Within 24 hours of the Child Victims Act going into effect, more than 400 lawsuits had been filed.

But now, one of the original sponsors of the Child Victims Act, Sen. Brad Hoylman, has filed a measure to extend the open litigation period for another year.

“New York shouldn’t let its one-year look-back window expire,” said Hoylman in a statement.

There is precedent for extending such a window, Hoylman noted. “Other states, including California and New Jersey, have instituted multi-year revival windows for civil lawsuits because it can take decades for adult survivors of child sexual abuse to come forward.”

“To ensure the maximum number of survivors have time to seek justice and further protect the public, New York should extend the Child Victims Act’s revival window for another year before it expires in August,” Hoylman said.

New York state legislature began a six-month session based in Albany on Jan. 8.

Assemblywoman Linda Rosenthal will be sponsoring Hoylman’s bill. Rosenthal also sponsored the Child Victims Act.

The main group that has been fighting for no look-back period at all is the institutions afraid of being sued, Rosenthal noted.

“At the time of the negotiations, there was a lot of wrangling over even having a look back period on the part of institutions that didn’t want that provision,” said Rosenthal. “But it’s clear that people need more time and that is why it needs to be extended for at least another year.”

Filing a Child Sex Abuse Lawsuit

If you or someone you love has been a victim of childhood sexual abuse, you may be able to file a lawsuit. Of course, filing a lawsuit cannot take away the pain, suffering, and trauma caused by child sex abuse, but 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.

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

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