Back in 2019, New York introduced its Child Victims Act to allow survivors of childhood sexual abuse more time to pursue justice and compensation. The Child Victims Act’s look-back window was extended in light of pandemic conditions that have made it hard for victims to take advantage of the law’s benefit, and victims of childhood sexual abuse are able to file their claims under the look-back window until Aug. 14, 2021.That means that the window closes this month—in just over a week.

This legislation marks a second extension on the initial look-back window. On May 8, 2020, the governor first extended the window until Jan. 14, 2021, from its initial cut-off date in August 2020, giving survivors not only have the initial extension of five months, but a full year of look-back in which to file claims.

The New York Child Victims Act was signed into law in 2019, giving victims of childhood sexual abuse more time to file both criminal and civil suits against alleged abusers and other parties they claim are complicit or involved in their abuse.

The law eases the statute of limitations for civil lawsuits. Previously, victims were required to bring civil lawsuits regarding childhood sexual abuse forward by the age of 23, but now, they have until they turn 55 to file. Survivors also now have until the age of 28 to seek criminal charges against their abusers.

The look-back window also provides a valuable benefit, allowing victims who otherwise would still be barred from bringing old claims forward to get their chance of justice. During the look-back period, those victims of childhood sexual abuse who would otherwise be banned from filing lawsuits are allowed to file, for a limited time.

Coronavirus Has Delayed Abuse Claims

The coronavirus pandemic hit during the middle of what was supposed to have been a one-year look-back window. This prevented many victims from coming forward to file claims. To deal with the effects of the coronavirus, New York State issued a stay-at-home order, preventing all but essential movement and services.

This meant that those who would file lawsuits were less able to meet with attorneys, gather essential documentation, and conduct other business related to filing such a lawsuit.

Even if a victim could prepare a claim, they would not have been able to file it, explains The Legislative Gazette. The news source explained that part of New York’s stay-at-home order prohibited all non-essential cases from being filed, in the interest of keeping residents and home and not overburdening the court system. Reportedly, New York courts were hit with a range of coronavirus-related cases, which were allowed to proceed.

More than 1,500 lawsuits were filed under the look-back window before such claims were put on hold, meaning that many victims worried that they would not have the promised chance to bring lawsuits forward.

As that decision was made, many sexual abuse victims and advocates asked for the New Child Victims Act look-back window to be extended. They noted that when all but essential operations shut down, it was not initially clear if the look-back window would indeed be extended. 

The lawmakers who helped create the Child Victims Act spearheaded an effort to extend the look-back window, which has twice been granted. Democratic State Senator Brad Hoylman of Manhattan spoke to the effects of the pandemic, saying “the massive unexpected interruption to our judicial system makes the need for extending the CVA more urgent than ever,” per The Legislative Gazette.

He also noted that the initial law “attempted to guarantee a full 12-month period for survivors to file suit,” and as that had been interrupted, he argued that an extension was warranted, quoted the Legislative Gazette.

A number of other states, including New Jersey and California, have offered look-back windows in implementing laws similar to New York’s Child Victims Act, providing victims an even broader opportunity to seek justice.

In agreeing to extend the look-back window, Governor Cuomo has acknowledged the burden that the “reduction in court services” has placed on victims who would have filed in the original the window.

Now, after two extensions, the Aug. 14, 2021 look-back window deadline is fast approaching. Survivors of childhood sexual abuse in New York whose claims would otherwise be considered expired under the statute of limitations can pursue litigation for just a few more days.

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