In New York, victims of childhood sexual abuse may now have more time to file claims under the Child Victims Act, a law that extended the statute of limitations for civil sexual abuse claims.

Previously, the law had come with a “look-back” window that allowed any victim to come forward with a sexual abuse claim, no matter how long ago the abuse occurred. This was designed to give an opportunity to victims who ordinarily would have passed the statute of limitations allowing them to sue. As the look-back window is coming to a close, New York’s legislators have voted to extend it. 

If the CVA extension is signed into law, victims could have until August, 2021 to file claims under the look-back window. The New York Law Journal explains that now, the bill will be considered by Governor Andrew Cuomo. Reportedly, the governor had previously expressed support for extending the look back window — by five months, that is.

Lawmakers began to discuss the possible need for a CVA extension in light of the complications presented by the COVID-19 pandemic. 

Has the CVA Look-Back Worked Well Thus Far?

The look-back window has already proven to be popular. The New York Law Journal reports that thousands of lawsuits have already been filed under the New York Child Victims Act. Reportedly, these laws not only aimed to hold abusers themselves accountable, but took a range of organizations to task for allegedly mishandling allegations of abuse.

However, these lawsuits were impeded by the coronavirus pandemic. On March 23, 2020, all “nonessential cases” were paused in New York court, meaning that many victims were not able to take advantage of the look back window that was currently underway. Quickly, lawmakers began discussing if the look-back window should be paused or extended, wondering how to ensure that New Yorkers were able to take advantage of the window despite the upheaval of the coronavirus.

The New York Law Journal explains that the state has slowly began to open up, and with the reopening, many more Child Victims Act lawsuits have already been filed.

Advocates fighting against child abuse have already expressed approval of the CVA extension. The President of Government Affairs at Safe Horizon, a nonprofit that aims to serve those affected by abuse and violence, articulated the stakes of expanding the window. He stated that “the COVID-19 pandemic has impacted the ability of survivors of childhood sexual abuse to meet with their attorneys and gather evidence. And it’s vitally important that they have enough time to pursue their rights,” cites the New York Law Journal.

The Child Victims Act was passed precisely to give victims more time to file lawsuits. Lawmakers reportedly recognized that many victims may need times to come to terms with their abuse before they decide to seek justice. Many others may not have realized that they were abused, or are not sure how to proceed.

Previously, New York law required victims to file lawsuits against abusers by age 23. New York Senator Brad Hoylman described the barriers that this system imposed. In his words, “If you don’t file [criminal charges] by the time you’re 23 you basically have no recourse. Let’s face it, at 23, most people don’t know how to balance their checkbook let alone take on someone who abused them and face a whole legal battle.”

Now, victims can file lawsuits against abusers or a liable third party until they are 55 years old. These liable third parties may include other adults who were aware of the abuse or institutions that may have covered up the abuse. Many Child Victims Act lawsuits have made allegations of patterns of abuse cover up in prominent institutions like the Catholic Church.

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