The State of New York has given survivors of child sex abuse a new opportunity to seek legal justice through the passage of the Child Victims Act (CVA). The legislation opens a one-year window to bring forth civil lawsuits related to old offenses and extends statute of limitations for criminal prosecutions and civil claims going forward.
One-Year Time Frame to File Claims
Child sex abuse victims now have until August 14, 2020 to bring a claim against their abuser regardless of when the abuse occurred.
Under Section 2 of the Child Victims Act, a minor can file a sexual abuse related claim until their 55th birthday. Section 3 of the CVA, sets forth a one-year window, stating that any cause of action or civil claim that “is barred as of the effective date of this section because the applicable statute of limitations has expired” . . . “is hereby revived” and action thereon must be brought within the one year window (i.e., August 14, 2019 through August 14, 2020).
For practical purposes, any person who was 23-years-old or older on February 14, 2019 should file a sex abuse related action against the appropriate defendants within the revival window (August 14, 2019 through August 14, 2020) or be forever time-barred from asserting a viable claim.
The bottom line is that if a victim’s sex abuse related cases that fall within the one-year revival window, it is in the victim’s best interest file the claim no later than August 13, 2020. This will help avoid any accrual misinterpretations or analyses of the one-year window to revive sexual abuse claims under the CVA.
NYC Child Sex Abuse Attorney
If you or a loved one has been the victim of child sexual abuse, you may be entitled to monetary compensation. Although no amount of money will undo the harm caused, it can bring a sense of justice and closure for victims. For more information or to consult with an experienced NYC child sex abuse attorney, please call Gersowitz Libo & Korek, P.C. at 1-646-798-1535.
