Today New York passed the Child Victims Act, which makes important changes to the law in order to allow the victims of childhood sexual abuse the opportunity to sue their attackers and the institutions that allowed the abuse to take place.
What is the Child Victims Act?
The Child Victims Act prospectively extends the age at which the criminal statute of limitations begins to run from 18 to 23. It also extends the statute of limitations for civil actions that currently begins to run at 18 to include all people up to the age of 55.
It waives the requirement for a notice of claim against a public institution, so individuals abused in municipal organizations like the public school system will not be subjected to the 90 day notice of claim requirement.
The Child Victims Act establishes a trial preference for cases that have been revived, and requires the promulgation of rules concerning the timely adjudication of revived claims.
Finally, it provides for a one year revival window for all claims that would otherwise be time-barred;
Look Back Period
An important component of the new law is the one-year look-back period that allows current survivors, who are barred by the statute of limitations, one year from the passage of the bill to seek justice against their abusers. Under the look-back provision, people of any age could come forward even if their abuse occurred decades ago. This provision is important for current survivors who have been unable to hold their attackers accountable due to the strict statute of limitations currently in place.
Contact a Trusted Attorney
If you have been the victim of sexual abuse, it is important that you consult with an experienced and trusted attorney as soon as possible. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.