Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

judge with gavel

Just after New York implemented its Child Victims Act to allow more people to file lawsuits over childhood sexual abuse, their chance to do so has come to an abrupt halt because of COVID-19 — due to the growing global pandemic, nonessential lawsuits have been paused in New York court.

In New York, Governor Cuomo has issued a “stay at home” order that extends until April 15, to help slow the spread of coronavirus through the state. This order, called PAUSE (Policies Assure Uniform Safety for Everyone), requires all non-essential businesses to close. The court systems are remaining open, but only for essential cases. This limited operation is taking a toll on the numerous lawsuits filed under New York’s Child Victims Act.

The Legislative Gazette reports that all cases deemed non-essential are not to be filed as of March 23, 2020. This decision was made to help limit contact among members of the court system, in an effort to try to slow the spread of a strain of the coronavirus, known as COVID-19.

Essential cases that are allowed to move forward include Supreme Court cases concerning COVID-19, housing issues, family court, and some criminal cases. All other lawsuits are barred from filing both electronically and via paper.

All cases filed under the Child Victims Act are among those suspended. The Child Victims Act went into effect in August 2019. The law increased the statute of limitations for filing civil claims of childhood sexual abuse, and gives victims of any age a one-year look-back window to file a claim, no matter how long ago their alleged abuse occurred, explains ABC.

COVID-19 Displaces Look Back Window

The new restriction in New York courts spurred by COVID-19 throws a wrench in the look-back window. The Legislative Gazette notes that this pause comes about halfway through what should have been an uninterrupted period for victims to file their childhood sexual abuse lawsuits. 

emotionally distraught teenagerAround 1,547 childhood sexual abuse lawsuits have been filed between the opening of New York’s look-back window in August last year and February of this year. These lawsuits have been filed both against abusers and institutions that were allegedly complicit in abuse by mishandling or covering up allegations of abuse. Now, these claims are on hold, and victims may be losing precious time to file their lawsuits. 

According to the Legislative Gazette, it has not yet been established whether the lookback window will be extended to give victims more time to file claims, or whether the deadline will remain unchanged. 

Now, the same lawmakers that headed up the Child Victims Act in the first place are asking for the look-back window for another year past its original deadline. The lawmakers include democrats in both the state Senate and Assembly, including Assemblywoman Lina Rosenthal, D-Manhattan and Sen. Brad Hoylman, D-Manhattan. 

Commenting on the difficulty caused by the current pandemic, Senator Hoylman notes that “the massive unexpected interruption to our judicial system makes the need for extending the CVA more urgent than ever,” notes the Legislative Gazette.

He also went on to comment on the need for an extension to the look-back window, saying that the Child Victims Act “attempted to guarantee a full 12-month period for survivors to file suit,” stressing that the extension would fulfill that aim. The senator also notes that other states are providing longer look-back windows, as they made similar legal changes to those presented in the Child Victims Act.

For instance, New Jersey has offered a two-year look-back window for filing civil claims, in addition to extending the statute of limitations perpetually. In many cases, these changes were made as allegations of sexual abuse have come to light in numerous industries and organizations around the country, like the Boy Scouts, NYC Boys Club of America and public schools.

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.

Learn More

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

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free New Jersey-New York Sexual Assault Lawsuit Investigation

If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

E-mail any problems with this form to:
Questions@TopClassActions.com.

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.