Have you been a victim of childhood sex abuse? Many survivors of sexual abuse suffer life-long psychological injuries and damages as a result, including Post-Traumatic Stress Disorder (PTSD), low self-esteem, depression, flashbacks, self-harm, and substance abuse. It is important for victims to obtain the treatment and care needed to potentially move forward with their lives after such a traumatic event.
Fortunately on February 14, 2019, Governor Andrew M. Cuomo signed into New York State Law, The Child Victims Act. If you have been a victim of childhood sex abuse, you now have rights under the New York Child Victims Act to hold your abuser accountable. We’ve broken down the specifics of the law below.
What is the Child Victims Act?
The Child Victims Act guarantees those who abuse and/or sexually abuse children can be held not only criminally for their actions, but now civilly in the State of New York. The Child Victims Act provides that a victim of childhood sex abuse a route to justice, and provides hope. Under the former law, child sexual abuse crimes could not be prosecuted after five years for their happening and civil law suits must have be commenced within three years of the victim’s 18th birthday.
What is the new statute of limitations under the Child Victims Act?
Today, as The Child Victims Act stands, offenders of abuse are held responsible for their actions, regardless of when the crime occurred. For criminal actions, the statute of limitations has changed from 18 years old to 23 years old and given a 5 year extension. Therefore, a victim now has 5 years from the time they turn 23 to bring criminal charges against their abuser. As for civil actions, the statute of limitations has been increased to 55 years old, however, those previously time barred from filing a civil law suit now have one (1) year from the date of enactment of the statute to file their case. Enactment of The Child Victims Act will take effect in August 2019.
How does the Child Victims Act affect previously time-barred claims?
In addition to the increase in age for civil actions, this new act provides past victims, whose claims have been time-barred, a one-year window starting six months from the effective date of the law to commence a civil action against their abuser.
For More Information on the Child Victims Act visit the State’s website: https://www.governor.ny.gov/news/governor-cuomo-signs-child-victims-act
Have You Been A Victim of Childhood Sex Abuse? Contact Us today!
Maynard, O’Connor, Smith and Catalinotto, LLP is proud to announce we are now reviewing and accepting cases of childhood abuse survivors to hold the abusers accountable.
Concetta R. Lomanto, Esq., has been with the firm since 1986 and became partner in 1993. Concetta handles complex litigation and is currently representing multiple victims of rape, abuse and molestation. Concetta has also successfully reached settlements in prior rape, abuse and molestation cases. Concetta’s vast experience, success in handling cases of this nature and comforting demeanor makes her the best advocate to have in your corner if you have been a victim of childhood sexual abuse.
If you have suffered physical or psychological injures, as a result of child abuse, please contact Concetta R. Lomanto at Maynard, O’Connor, Smith and Catalinotto, LLP via phone at (800) 721-3553, or contact us online to set up a free case review.
Additional Resources Related to Personal Injury
Wondering about other aspects of pursuing a personal injury case? The following resources are a good place to start:
How Much Is My Personal Injury Case Worth? – Learn about the factors that influence how much you’re able to recover by pursuing a personal injury case after a serious injury caused by the negligence of another individual.
Documents & Materials Your Attorney Will Need to Pursue Your Personal Injury Claim – Wondering what you’ll need to provide to your attorney if you’d like to move forward with a personal injury case? We outline the information and documents you’ll need to have on hand.
Will My Personal Injury Case Go To Trial? – Curious about what will happen with your claim should you choose to pursue it? Concerned that it may end up going to trial? Learn about what to expect when it comes to settling cases in and outside of court.
