The lockdowns brought by the novel coronavirus pandemic are having widespread impacts on all of our lives. Victim advocates in New York are particularly concerned about the delays caused by the pandemic.

On Jan. 28, 2019, New York lawmakers passed the New York Child Victims Act extending the statute of limitations for child victims of sexual abuse. A ban on new lawsuits during the pandemic had many victims and advocates worried their time to file may be cut short, according to Law.com. However, as of May 8, New York Gov. Andrew Cuomo announced that he will extend by five months the “look back” window defined in the New York Child Victims Act.

What is the New York Child Victims Act?

According to the New York City Bar Association, the New York Child Victims Act (CVA) is a state law that extends the statute of limitations for survivors of childhood sexual abuse in both civil and criminal cases. This means that victims have more time to bring criminal charges or file a civil claim for monetary damages. The New York Child Victims Act also allows victims to file claims against any institutions that may have been involved in their abuse and lays out special training for judges handling cases involving child sex abuse.

Before the CVA was passed, victims of sexual abuse had five years to bring civil suits against their abusers, beginning when the victim turned 18. For many people, this five year period expires long before they are ready to come forward with their allegations. The CVA extends the filing period until survivors are 55 years old.

However, the provision affected by COVID-19 is one that establishes a “look back” window for survivors whose statute of limitations had already expired under the old law. The New York Child Victims Act allows these survivors a one-year period in which to file claims for expired cases.

How Will COVID-19 Affect CVA Filing?

It is this last group that is most likely to be impacted by the pandemic. Law.com explains that a ban was placed on new lawsuits during the coronavirus outbreak in New York. Despite the ban, New York’s Unified Court System has made it clear that survivors will be given a chance to file their claims before the end of the lookback window. The fact that Gov. Cuomo has extended the lookback window provision in the New York Child Victims Act will undoubtedly help survivors complete the filing process. According to the Queens Eagle, the window was originally meant to close in August 2019 but now will remain open into 2021. Cuomo said his decision to extend the deadline was directly influenced by the pandemic.

“Many aspects of society have been closed down or are less operational during this pandemic, and the court system is among them,” said Cuomo. “Because of the reduction in court services due to the virus, we are extending that window for an additional five months until January 14th to ensure survivors have the access to the courts that they need to file a claim and get the long-overdue justice they deserve.”

Nearly 2,000 CVA cases had been filed in the state as of March 16, the Queens Eagle reported. And approximately 1,200 cases were filed between August 2019, when the window opened, and December. Among those most commonly listed defendants are the Catholic Church and the Boy Scouts of America.

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