In 2019, Governor Cuomo signed off on the Child Victims Act. The New York Child Victims Act was created to hold child abusers accountable by extending the statute of limitations. This recent legislation allows thousands of survivors to receive justice in New York State.
Under the prior law, once a victim of child abuse turned 18, they had five years to report the crime to law enforcement. Due to the passage of the Child Victims Act, the statute of limitations increased significantly. The statute of limitation for criminal prosecution doesn’t begin until the child turns 23, allowing them five years to press charges. However, the statute of limitation for a civil case allows the child continues until the age of 55.
What does this mean for past Victims of Child Sexual Abuse?
The Child Victims Act also gives victims of previously barred cases a one-year window to file a civil claim regardless of when the abuse happened. Many individuals were not able to hold their abusers accountable for a variety of reasons. This law gives them a second chance to pursue a claim and hold their abusers responsible. Additionally, survivors and their counsel are not required to file a notice of claim where certain public entities are involved. The New York State Legislature has amended the Child Victims Act by extending the time for civil cases for child sexual abuse to be filed by the end of August 2021.
Schedule a Consultation with our Lawyers regarding the Child Victims Act.
To learn more about how we can help you or a loved one hold your abuser accountable, contact Avanzino & Moreno at 718-802-1616 to schedule a free consultation with an experienced and compassionate lawyer in New York.
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