New York’s Child Victims Act (CVA) has been a monumental piece of legislation for survivors of childhood sexual abuse. This law granted individuals a longer period of time to file lawsuits against their abusers and the institutions that may have enabled them, providing a path to justice and healing. Whether you or a loved one is a survivor, understanding how the Child Victims Act works is crucial to knowing your rights and options.
Understanding the Statute of Limitations for Sexual Assault in New York
Navigating the statute of limitations for sexual assault cases in New York is crucial for survivors seeking justice. Laws in New York offer survivors varying timeframes to file claims based on their age and the timing of the abuse, with key legislative acts enhancing access to justice for both minors and adults.
Statute of Limitations for Minor Survivors
For survivors under 18 at the time of the assault, the Child Victims Act (CVA), enacted on January 28, 2019, has significantly extended the timeframe to file a claim. If the abuse occurred before the CVA, survivors had until their 23rd birthday to bring a claim. However, for assaults that occurred after the CVA was passed, survivors can file a civil claim until they reach age 55. This extended window allows more time for individuals who were minors at the time of their assault to pursue justice.
Statute of Limitations for Adult Survivors
For adult survivors, the statute of limitations is generally three years from the date of the assault. However, due to legislative reforms in 2019, most adult survivors now have an extended 20-year statute of limitations to file civil claims related to sexual abuse and assault. This extension aims to give survivors more time to come forward and seek legal recourse, especially considering the complex emotional and psychological impact of abuse.
The Victims of Gender-Motivated Violence Protection Law (GMVPL) in New York City
For survivors in New York City, the Victims of Gender-Motivated Violence Protection Law (GMVPL) provides an additional legal avenue. This law includes a two-year look-back window for civil claims related to gender-motivated violence, mirroring provisions under the Adult Survivor Act. The GMVPL allows survivors to file claims even if the standard statute of limitations has expired, with the look-back window set to expire on March 1, 2025. This provision offers survivors another path to seek justice by addressing gender-based violence specifically within the city’s jurisdiction.
Understanding these varying statutes and deadlines is essential for survivors pursuing justice. If you’re considering a civil claim for sexual assault in New York, consulting with an experienced attorney can help clarify your options and ensure that you take appropriate legal action within the allowed timeframe.
The Child Victims Act
When the Child Victims Act was enacted in 2019, it expanded the statute of limitations for survivors of child sexual abuse, allowing them to pursue civil or criminal charges well into adulthood. Specifically, survivors were able to:
- File civil lawsuits until the age of 55
- Bring criminal charges for certain sexual offenses until the age of 28
About 11,000 civil suits were filed under the 2019 Child Victims Act, which allowed survivors of childhood sexual assault to take their abusers to court for crimes that took place before they turned 18 — waiving the statute of limitations for a limited time.
The Child Victims Act special "lookback window," allowed any survivor of sexual abuse whose claim was previously time-barred to file a lawsuit until August 14, 2020. This window was later extended to August 14, 2021, providing additional time for survivors to seek justice. For claims that are still active, survivors now have until age 55 to file a claim under New York law.
For survivors of sexual assault in New York who were under 18, and before the Child Victims Act (CVA) was passed on January 28, 2019, the statute of limitations expires when they turn 23. If the abuse or assault happened after the CVA was passed, the survivor has until they are 55 to file a claim.
Who Can Be Held Accountable Under the CVA?
Under the Child Victims Act, survivors can seek justice not only against their abusers but also against institutions that may have played a role in facilitating or covering up the abuse. Common institutions involved in these cases include:
- Religious organizations
- Schools and educational institutions
- Youth organizations (e.g., Boy Scouts)
- Daycare centers
- Healthcare providers
By holding both individuals and organizations accountable, the CVA ensures that survivors have broader avenues for achieving justice.
Why is the Child Victims Act Important?
For many survivors, childhood abuse went unreported for years, if not decades, due to feelings of shame, fear, or coercion. The CVA recognizes that healing and the pursuit of justice are often delayed, allowing victims more time to come forward. By extending the statute of limitations, the law empowered survivors to confront their past when they were ready, rather than being constrained by arbitrary deadlines.
How You Can Take Action:
Speak Up: If you're a survivor, know that you're not alone. Speaking up about your experience can help raise awareness and encourage others to come forward.
Seek Support: Don't hesitate to reach out for help. There are organizations and support groups dedicated to assisting survivors through the legal process and providing emotional support. One organization we recommend is the Crime Victims Center, a not-for-profit dedicated to the prevention and treatment of child sexual abuse and rape, provides services to victims of violent crime, the elderly, disabled and minor victims of all crimes.
- Know Your Rights: Educate yourself about the laws in your state and how they affect survivors of abuse. Understanding your rights empowers you to take action. Your attorney will help you navigate the Child Victims Act and explain your rights as a survivor.
Steps to Take If You’re a Survivor of Childhood Sexual Abuse
If you’re considering legal action under the Child Victims Act, here are some important steps to take:
- Consult with an experienced attorney: It’s essential to have legal guidance from a lawyer who specializes in sexual abuse cases.
- Gather evidence: If possible, gather any documents or information related to the abuse, including medical records, photos, or witness statements.
How Can Salenger, Sack, Kimmel & Bavaro Help Survivors?
At Salenger, Sack, Kimmel & Bavaro, we stand with survivors of childhood sexual abuse. Our compassionate and experienced legal team understands the sensitive nature of these cases and works diligently to provide a safe, supportive environment for survivors. We are committed to holding abusers and negligent institutions accountable.
We offer:
- Confidential consultations to discuss your case and legal options.
- A trauma-informed approach that prioritizes your well-being.
- Experienced trial attorneys who have successfully represented survivors in CVA cases.
Contact Us for a Free and Confidential Consultation
If you or a loved one is a survivor of childhood sexual abuse, we are here to help. Contact the experienced team at Salenger, Sack, Kimmel & Bavaro for a free, confidential consultation. We will discuss your case and provide guidance on the next steps to seek justice.
You deserve to be heard, and we are here to support you every step of the way.