Yet, even with this new legislation, an unforeseen obstacle arose that interfered with child abuse victims seeking justice. Senate Bill S7082 was enacted to overcome that obstacle. Why was the original legislation implemented in 2019? And why was an additional Senate bill needed to ensure that justice could be pursued based on that legislation?
Lawmakers in New York enacted the Child Victims Act (CVA) in January 2019. Governor Andrew Cuomo commented, “The Child Victims Act brought a long-needed pathway to justice for people who were abused, and helps right wrongs that went unacknowledged and unpunished for far too long.”
Among the most significant aspects of this legislation are the following two key points.
The first are adjustments to the statute of limitations, or the maximum time allowed to initiate legal proceedings, for alleged sexual offenses.
In the past, the statute of limitations for misdemeanor sexual offenses ended when the survivor reached the age of 23. Now, it’s when the survivor reaches the age of 25. For sexual offenses that are felonies, the statute of limitations is now when the survivor is 28 years of age. And for civil cases involving sexual offenses, the survivor may pursue a claim until the age of 55.
Additionally, a “look back window” was included in the CVA legislation. During this period or window, survivors of sexual abuse have the right to file a civil case against their abusers regardless of age or when the abuse occurred. Additionally, they could file suits against any institutions that might have aided or empowered the abuse. This “window” was initially open from August 14th, 2019, until August 13th, 2020.
By March 2020, the Child Victims Act had served as a pathway for some 1,800 survivors to pursue much-needed justice. As Lieutenant Governor Kathy Hochul said, “With this new law, we are empowering those who have suffered unspeakable abuse and holding sexual predators accountable.”
It was at this time that a new and unexpected enemy to justice emerged. This adversary may have forced thousands of sexual abuse victims into a situation where they cannot speak out. This rival to justice was COVID-19.
The novel coronavirus spread and created chaos throughout the world this past Spring. It affected, not only our health and well-being, but also the soundness of the legal system in New York. To minimize the spread of the lethal contagion, New York enacted a halt on non-essential filings in state courts.
There were negative consequences of this safety measure for justice. Survivors of sexual abuse crimes could no longer make use of the one-year window to file cases against their perpetrators. What could be done to prevent this suppression of justice caused by COVID-19?
In early May, lawmakers again made efforts to help survivors of sexual abuse crimes receive justice. State Senator Brad Hoylman pointed out, “As the unemployment rate spikes above 14 percent, it’s unreasonable to expect survivors of child sexual abuse to do the emotional and legal work necessary to file CVA lawsuits while simultaneously fighting to pay rent and put food on the table.”
New York lawmakers decided to take action. On May 8, 2020, Governor Cuomo informed the public that there is an extension to the Child Victims Act. The deadline for filing cases connected to the Child Victims Act is now January 14, 2021.
“Because of the reduction in court services due to the virus, we are extending that window for an additional five months until January 14th to ensure survivors have the access to the courts that they need to file a claim and get the long-overdue justice they deserve,” Cuomo said.
There is tremendous value to the Child Victims Act, made clear by the thousands of people who have made use of it to seek justice. The CVA is a tool allowing a significant number of survivors to have their voices heard. There are cases against institutions such as the Catholic Church and the Boy Scouts of America, and against individual perpetrators as well.
Although the deadline to file cases was extended to January 14, 2021, lawmakers still had concerns. They worried that individuals struggling with the repercussions of COVID-19 might not have enough time to make use of the CVA. In response to this concern, legislation in the form of Senate Bill S7082 was passed. The new law extends to survivors of child sex abuse an extra year to file lawsuits against their abusers until August 14, 2021.
On this topic, Governor Cuomo stated, “As New York continues to reopen and recover from a public health crisis, extending the look back window is the right thing to do and will help ensure that abusers and those who enabled them are held accountable.”
Allowing sufficient time for a survivor of a sexual abuse crime to take the step of coming forward is crucial. Having an avenue to pursue legal recourse for this type of crime is essential in order for justice to be met.
The New York law firm of Hill & Moin LLP appreciates the efforts of our state’s lawmakers. We want all the citizens of our great State of New York to have the opportunity to pursue justice.
Don’t wonder about your rights! If you believe you may have a case, contact us at Hill & Moin, our New York personal injury lawyers can help you learn more about your Personal Recovery Solutions®