Sexual Abuse

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Sexual AbuseParker Waichman LLP Personal Injury and Mass Tort Lawyers

Child Victims Act: Fighting Against The Sexual Abuse Of Children In New York State

Child sexual abuse is among the most damaging, life-changing crimes. It generally impacts victims throughout their lifetimes and can cause significant family damage. Consistently, one of the worst aspects to these horrible acts is that the victims may not be able to bring attention to the abuse they suffered until many years later and, by then, any chance of criminal or civil prosecution may have been lost due to current and archaic state laws limiting the time to bring legal action.

New York State laws have not always been on the side of the victims in terms of the amount of time they can seek such a prosecution. Instead, the laws have protected not only the abusers, but their cohorts, as a result of the short time period these victims have to prosecute or litigate them. Yet, that is no longer true. Contact our compassionate Child Victims Act lawyers today for a free legal consultation.

But New York has now changed the law to expand the right of the victims of child abuse to seek justice.  In 2019, the Child Victims Act became law in New York. The statute of limitations for the criminal prosecution of child abuse has been extended. Victims can now file a civil lawsuit at any point before reaching age 55. Child Victims Act lawyers in BrooklynQueensLong Island, and throughout the rest of New York State have been filing claims, now made possible by this law, and have been pursuing Child Victims Act settlements on behalf of their clients to help compensate victims for their loss.

New York Child Sexual Abuse

Contact the lawyers at Parker Waichman LLP now for a free child sexual abuse case evaluation.

Our compassionate legal team understands the pain and sensitivity these cases require, and we pledge to assist you in an atmosphere that will make you feel comfortable and safe as we explore your legal options and seek the compensation deserve under the Child Victims Act and other NYS laws. With the passage of the NY Child Victims Act, the law is now on your side.

Let us assist and advocate for you during these stressful and emotional situations.

2019 New York Child Victims Act

The Child Victims Act of New York:

  • Lengthens criminal and  civil statutes of limitation for child sexual abuse. This is intended to strip child sexual abuse predators of the protections they formerly had and prevents them from hiding until the statute runs out and they can no longer face prosecution.
  • Provides a one-time, one-year window to enable victims whose sexual abuse allegations were time-barred by today’s limitations to bring their claim. This offers an opportunity for abuse victims to see that justice is served after having been unfairly or criminally denied their day in court. This window to file a Child Victims Act lawsuit for formerly barred cases was extended in light of the COVID-19 crisis in 2020. The window was originally set to close Jan. 14, 2021, but New York Gov. Andrew Cuomo extended the window until Aug. 14, 2021.
  • Saves New York State extensive and significant financial and social costs. Research reveals that child sexual abuse costs New York State taxpayers over $1 billion annually.

Advocates of the New York statute once called the handling of child sexual abuse “a national shame”, citing how victims of child sexual abuse do not receive justice and noting that New York has lagged behind other states that have all passed bills in recent years to increase the length of time victims of child sexual abuse have to bring cases to court.

In all, 37 states have eliminated statutes of limitation for cases of child sex abuse. Other states have increased the age by which victims may pursue a case; other states have implemented “window provisions.” A window provision is a period of time during which victims – regardless of their age – may file a civil suit against their alleged abusers. Qualified New York Child Victims Act lawyers can help you file cases to which this window applies before it is too late.

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