NYU Langone Doctor Takes Advantage of Transgender Patient; Hach & Rose Fights for Justice

Posted on Monday, September 13th, 2021 at 9:48 pm    

A person who makes the brave decision to medically transition with the help of a doctor will not have an easy time regardless of the situation. The cruelty of a doctor who decides to take advantage of a young child going through a difficult time is immeasurable. A study found that 47% of transgender people are sexually assaulted at some point during their lifetime. No one should ever be sexually assaulted, but it is especially abhorrent for a doctor to abuse the trust of a young patient, scarring them for life.

Our client was assigned female at birth and sought medical advice regarding his transition around 2016, when he was 15. He began seeing Dr. Mariano Casto-Magana, a Pediatric Endocrinologist who worked at NYU Langone Hospital. Dr. Magana always scheduled our client’s appointments early in the morning, before anyone else came into the office, at 5 or 6 AM. He would not allow our client’s father into the examination room and made our client disrobe completely at every appointment. He then performed invasive and unnecessary examinations. As an adolescent who had never seen an endocrinologist, our client did not know that these examinations were not normal, and only found out when he spoke with other transgender individuals. He cancelled all future appointments with Dr. Magana once he realized the truth. Unfortunately, our client was not Dr. Magana’s only victim. He abused many other patients who were also transitioning. Hach and Rose is also suing NYU Langone for its negligence and failure in stopping this doctor’s crimes.

The effect of Dr. Magana’s abuse is permanent. Our client suffers severe emotional distress and continues to seek medical and psychological treatment to heal from the trauma. Dr. Magana’s actions cannot go unpunished, and Hach & Rose will hold NYU Langone accountable for their negligence. We will not rest until his crimes are acknowledged. Sexual abuse by a doctor is a serious crime. If you are a survivor of sexual abuse by a doctor, or your child has been abused by a doctor, contact the knowledgeable and compassionate attorneys at Hach & Rose at 646-685-8045 for a complimentary review of your case.

Protecting Your Children from Sexual Abuse in Summer Camps

Posted on Friday, July 23rd, 2021 at 8:55 pm    

It’s summer break, and millions of children across the country are enjoying their time in camp. We trust that our children will be safe during their summer activities, but the risk of sexual abuse is an unfortunate reality. Summer camps offer ample opportunity for predators. Camps are often staffed by inexperienced counselors whose backgrounds may not have been thoroughly investigated. Keep your children safe this summer by following these simple steps.

Vet the camp. Your first step to keeping your child safe is to do your research on the camp you choose. Check out reviews online and, if you know other families whose kids have attended, ask what they have to say about it. Before signing up your child, have a conversation with the camp director. Below are some questions you can ask to ascertain your child’s safety.

  • What is your process for background checks on employees? Do you include the sex offender’s registry?
  • Are your staff trained about child sexual abuse?
  • What is the reporting process when abuse has been discovered?
  • Are staff members ever allowed to be alone with a camper?

These questions should give you a good understanding of how seriously the camp takes allegations of abuse. If they don’t have clear and thorough responses to your questions, consider sending your children to a different camp. Just because they’ve never had a problem in the past doesn’t mean it couldn’t happen in future. Every camp needs to be prepared in the event of abuse.

Educate your child. Having a frank conversation with your young child about body parts may seem daunting, but it could mean the difference between confusion and awareness if the worst ever happens. Tell your child what body parts are not appropriate for an adult to touch, and that if someone tries, they should report it to you (and/or a camp counselor) immediately. Let them know that keeping secrets about touching is never okay and that they will not get in trouble for reporting it.

Recognize the signs. Many parents do not know what signs to look out for when their child may have been abused. Below is a list of some of the most common signs and symptoms that may indicate abuse has occurred. Most important, however, is open communication between you and your child. If you sense that something is off, trust your instincts and have a conversation about it as soon as possible. This is more difficult if your child is at a sleepaway camp, so make sure to stay in contact as frequently as you can.

  • Sudden, new, or frequent bed-wetting
  • Trouble walking or sitting
  • Strange behavior like being provocative or flirtatious, not wanting to get undressed, or suddenly avoiding someone without a reason
  • Severe nightmares or trouble sleeping
  • Reluctance to go back to camp

Take immediate action. If abuse does occur, offer as much emotional support as your child requires. Sexual abuse affects every victim differently, so it’s hard to know how an individual will handle trauma. Be open and understanding no matter what their reaction may be. Assure your child that abuse is never, ever their fault. No matter how guilty they feel, or what their abuser said to convince them it was their fault, your child did nothing wrong. Finally, notify local authorities about the abuse as soon as possible. You can also report the incident to the National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453).

Child abuse at a summer camp is not excusable and should have been prevented. If your child was abused at a summer camp, you deserve the chance to fight for their rights. Contact us at 646-685-8045 for a free and confidential review of your situation.

Facebook Plans Instagram for Kids; 44 Attorneys General Urge Against It

Posted on Thursday, July 15th, 2021 at 3:08 pm    

Facebook has long been under fire for not doing enough to protect children on its platforms. Although Instagram’s policy does not allow children under 13, many children still ignore this rule. Now, Facebook has decided that the solution to this problem is to create a version of Facebook for children only. Instead of focusing their efforts on stricter protections against children using Instagram, the company wishes to use children as a viable growth option, considering its popularity among young teens.

Child advocates are asking Facebook to abandon these plans due to the clear and present danger to children. In 2017 a report found that 42 percent of young adults between the ages of 12 to 20 had experienced cyberbullying on Instagram. Even more pressing is the risk of grooming and sexual exploitation. Figures from the National Center for Missing and Exploited Children (NCMEC) show a 31% increase in the number of images of child sexual abuse reported to them in 2020, with at least 13 million images hosted on Facebook and Instagram.

Facebook has historically refused to accept responsibility for consequences suffered by its users. Sex trafficking is rampant on both Facebook and Instagram. One 14-year-old victim was contacted by a man on Instagram who proceeded to rape her and advertise her as a prostitute on her Instagram profile. Even after she was rescued from the operation, her profile continued to be used to attract other young victims. The victim’s mother reported all of this to Facebook who did not respond to the incident.

Now, 44 attorneys general have written a letter to Facebook CEO Mark Zuckerberg asking him to abandon his plans. “Without a doubt, this is a dangerous idea that risks the safety of our children and puts them directly in harm’s way,” said New York Attorney General Letitia James. “This plan could place children directly in the paths of predators. There are too many concerns to let Facebook move forward with this ill-conceived idea, which is why we are calling on the company to abandon its launch of Instagram Kids. We must continue to ensure the health and wellness of our next generation and beyond.”

Hopefully Facebook will heed the urging of child advocates and put a stop to these dangerous plans. If a child in your life was groomed or sexually trafficked on Facebook or Instagram, know that you have an opportunity to bring charges against this abuser. Contact the compassionate and skilled online sexual abuse attorneys at Hach & Rose, LLP. We are available 24/7 to take your call at 646-685-8045.

New York State Senate Passes Adult Survivors Act

Posted on Monday, June 7th, 2021 at 8:39 pm    

On June 4, 2021 the New York State Senate passed the Adult Survivors Act (ASA). The ASA is a response to the outcry brought on by the New York Child Victims Act (CVA), which brought justice to those who were minors at the time of their abuse. Even if the statute of limitations had passed, they were offered a 1-year look back window to bring charges against their abuser. This 1-year window ended up being extended and was widely praised for the justice that it offered to victims. More than 6,000 survivors have used the CVA since it was signed into law. Soon, New Yorkers were calling out for the same justice to be offered for victims who were 18 or older at the time of their abuse. Now, those survivors will have their chance.

It has long been proven that survivors of sexual abuse do not always come forward immediately. The time it takes to process their trauma can take mere weeks for some, and years for others. By the time the victim has had time to face what has happened to them, they often find that the statute of limitations has passed. The CVA recognized this fact and offered another opportunity to former child victims, but the age limit restricted adult survivors that same chance. No matter whether the trauma happened as a child or an adult, it is a fact that trauma is not something that you can heal from in a predictable, linear way. A reluctance to come forward immediately is a sad truth of sexual trauma and should not bar victims from holding their abusers accountable for their crimes.

Sexual assault survivor and client of our firm, Gary Greenberg, has dedicated his life to advocating against child sexual abuse. He was a vocal advocate of the Child Victims Act and worked hard to push for its passage. In a press conference Gary eloquently said, “No money can take what happened and make it right, but what the lawsuit can do – what I hope it does – is wake society up that this is going on, that New York state has allowed this to go on for years and years.” We were proud to represent Gary when he brought his case forward under the CVA.

The ASA was sponsored in part by Senate Judiciary Committee Chair Brad Hoylman who said, “Adult survivors of serial sexual assaulters like Harvey Weinstein, Jeffrey Epstein have been shut out of our courthouses by inadequate statutes of limitations. That ends now. In 2019 we passed the Child Victims Act, which has helped more than 6,000 sexual assault survivors seek justice. The Adult Survivors Act extends that exact same opportunity to thousands more survivors, letting them hold their predators accountable in court. For far too long our justice system has failed survivors of sexual assault, the passage of the Adult Survivors act is a powerful step to fix that historic wrong.”

If you were a victim of sexual abuse and did not have the opportunity to bring charges against your abuser, contact the compassionate and skilled childhood sexual abuse attorneys at Hach & Rose, LLP. We are available 24/7 to take your call at 646-685-8045.

Hach & Rose Pursues Justice Against Smithtown Gospel Tabernacle

Posted on Monday, June 7th, 2021 at 8:37 pm    

The New York Child Victims Act made a real difference in the lives of sexual abuse victims. The Act allows victims of sexual assault a window to bring a suit against their abusers, even if the events occurred many years ago. The attorneys at Hach & Rose are proud to assist survivors of sexual abuse in holding their abusers accountable. The firm has filed two abuse cases against the Smithtown Gospel Tabernacle for crimes that occurred in the 1980s, one of many cases filed by Hach & Rose under the Child Victims Act.

Our client was only 5 when she first met Ron Braaten, the Youth Minister at Smithtown Gospel Tabernacle. Her family were very active members of the church and were involved in many church sponsored events and programs. The first abuse occurred while our client was participating in a church performance in which she would play an angel in a choir. Braaten lured our client away from others by asking her if she wanted to see where the angel choir would perform. Once there, Braaten forced himself upon our client. This began a series of sexual assaults that would span more than 5 years. Braaten’s actions were not covert, and other staff members at the church should have been alarmed by his behavior. Yet no action was taken, and our client was forced to suffer years of trauma that will affect her forever.

Molestation is a serious crime that should never occur. Children should be able to trust youth directors, teachers, and clergy members, and know that they will not hurt them. The horror of these crimes is not reduced by the years that have passed, and Hach & Rose will hold the Smithtown Gospel Tabernacle accountable for their negligence. If you are a survivor of child sexual abuse, you still have time to bring your abuser to justice. Contact at 646-685-8045 for a complimentary review of your case.

New York Archdiocese Has Financial Issues Following Lawsuits Filed Under the Child Victims Act; Victims of Others Speak Out

Posted on Friday, March 26th, 2021 at 9:30 am    

Since New York Governor Andrew Cuomo signed the Child Victims Act into law in February 2019, dioceses throughout the state received lawsuits alleging sexual abuse of children by priests and other members. Multiple dioceses were forced to file for bankruptcy due to the costs associated with handling and potentially compensating victims in hundreds of cases. Recently, one of the members of the New York archdiocese gave an update on their financial situation following these civil lawsuits.

He states that they’re facing challenges while handling the many lawsuits filed against them. In 2016, they set up an Independent Reconciliation and Compensation Program for sexual abuse survivors. By accepting money from the fund, individuals agreed that they would not be entitled to compensation from a lawsuit down the road.

The influx of lawsuits and the impact of Covid-19 put the archdiocese in uncertain economic standing as they continue to assess their finances. They’re still receiving lawsuits for claims associated with childhood sexual abuse and are trying to reach settlements through their compensation program. As of December 2017, around 200 people had already received money for their losses from the New York archdiocese. Those settlements total over $40 million.

Rights Under the Child Victims Act

The Child Victims Act allows sexual abuse survivors to pursue compensation through civil lawsuits and press criminal charges against their abusers despite the expiration of the statute of limitations. Typically, New York law requires filing a civil lawsuit within three years of the incident date, unless the victim was under 18 years old at the time. Once they turn 18, they would have three years from that date to initiate legal action. For criminal cases, the statute of limitations is five years from the abuse date.

Now, the Act allows anyone who suffered abuse when they were children to initiate their civil lawsuit until they turn 55 years old. Anyone pressing criminal charges for a felony offense has up until the age of 28. For misdemeanor sex crimes, survivors can pursue criminal charges until they turn 25. There is a one-year “lookback window” to pursue a case against the offender and the institution or organization involved in the abuse.

The original filing deadline for cases outside the usual statute of limitations was August 14, 2020. However, Covid-19 significantly impacted courthouses throughout New York, causing all to close temporarily. Judges were forced to put their cases on hold, and no one was allowed to file new lawsuits.

Governor Cuomo decided it was necessary to extend the lookback window to January 14, 2021. He wanted to ensure survivors of sex crimes would have enough time to seek legal representation, prepare their cases, and file before time ran out. 

Unfortunately, the coronavirus pandemic lasted far longer than anyone expected, prompting the Governor to push back the deadline again. The new legislation now gives anyone seeking financial compensation or criminal action against their abuser until August 14, 2021, to do so.

Whistleblower Exposes Alleged Sexual Abuse At A Buffalo Church

A former priest at a diocese in New York exposed an alleged cover-up of sexual misconduct. Along with other individuals, he brought to light the ongoing instances of sexual abuse occurring at the church. The whistleblower secretly recorded one of the bishops, releasing it to the public and disclosing activities of his co-workers. He was ultimately suspended for his actions. He claimed that he was the victim of sexual assault by a priest back in 2003 when he was in the seminary. He now leads a weekly mass via Zoom so survivors of sexual abuse can pray and discuss their experiences.

Lawsuit Filed Against Famous Musician

A lawsuit filed with the Manhattan Supreme Court alleges a musician raped a minor girl in 1969. According to legal documents, he met her multiple times before the misconduct occurred. He took an interest in the young girl and began grooming her. The victim stated she viewed him as a paternal figure at the time. She ended up running away from home in Minnesota and meeting him at his hotel room in New York City, where he allegedly raped her. The next day, the musician bought her a ticket to go back home and asked her to leave.

In 1970, the musician pled guilty to taking indecent liberties with a minor. He ended up serving only three months of his one- to three-year prison sentence for molesting a 14-year-old girl. Right before he left office, the then-President pardoned him for the offense in 1981. The recent lawsuit also names the defendant’s band at the time, claiming they should have known he posed a danger to children.

Contact Hach & Rose, LLP

The New York City personal injury lawyers of Hach & Rose, LLP have over 100 years of combined legal experience. We advocate for our clients’ rights and fight for the justice they rightfully deserve. When you hire us, we will provide ongoing support and guidance as you’re navigating the complicated legal road.

We know the abuse you experienced as a child was traumatic. Even after the physical injuries heal, sexual abuse often leaves psychological and emotional scars that take much longer to recover from.

You have legal options for pursuing financial compensation from the abuser for their wrongdoings. Because of the Child Victims Act, you don’t have to worry about the statute of limitations prohibiting you from seeking civil or criminal action. You now have the opportunity to face your abuser in court and hold them accountable for the harm they caused.

So far, Hach & Rose, LLP has recovered over $400 million in insurance settlements and jury verdicts. We fight hard to ensure our clients receive dependable legal services and representation from the moment they step into our offices. We will remain by your side throughout each step of the process and treat you as a priority.

If you were the victim of childhood sexual abuse and want to learn about your options for holding your abuser liable, call us at 646-685-8045 today for a free consultation.

Seeking Justice for Survivors of Childhood Sexual Abuse In New York

Posted on Thursday, March 18th, 2021 at 6:36 pm    

The Child Victims Act, signed by Governor Andrew Cuomo on February 14, 2019, allows sex abuse survivors to hold their abusers accountable for the injuries and emotional suffering they caused. This monumental piece of legislation provides a one-year lookback window for pursuing civil action regardless of how long ago the abuse took place. This has allowed thousands of survivors and families to file lawsuits and seek criminal charges against individuals for financial compensation and criminal penalties.

Typically, New York follows a strict statute of limitations for bringing legal action against another person. State law requires a victim to pursue criminal charges for sex crimes within five years of the incident. Filing a civil lawsuit means doing so within three years if you want to recover a monetary award for your losses. However, the Child Victims Act includes provisions to extend those deadlines. The extensions mean a person can:

    • File civil lawsuits until the victims turn 55 years old.
    • Press criminal charges for felony sex crimes until the victim reaches 28 years of age or pursue criminal charges for misdemeanor offenses until the victim turns 25.
    • Seek legal action against public and private institutions involved in the sexual abuse of children.
    • File lawsuits despite the expired statutory deadline for up to one year after the lookback window started.

The lookback window originally expired on August 14, 2020. However, the Covid-19 pandemic caused court proceedings to come to a screeching halt. They shut down temporarily to slow the spread of the virus, delaying lawsuits already in progress and preventing survivors from filing altogether. Governor Cuomo decided to sign new legislation granting additional time to pursue cases involving sexual abuse. The new deadline was pushed back to January 14, 2021.

Although the extended timeframe was helpful, many people lost their jobs because of the ongoing coronavirus pandemic. Unemployment insurance claims were difficult to file, and some child sex abuse survivors wondered how they could afford legal fees when they’re barely able to make ends meet without a source of income. These circumstances prompted Governor Cuomo to sign another legislation pushing back the deadline yet again. Now, the lookback window doesn’t expire until August 14, 2021.

Recent Lawsuits Filed Under the Child Victims Act

A former counselor at a YMCA in New York is facing allegations of sex abuse. Legal documents claim that the counselor sexually abused two brothers during an after-school program from 2005 to 2007. They were between the ages of seven and eleven years old at the time the abuse took place. The lawsuit also names the local school district, an elementary school, and the YMCA as defendants.

According to the boys’ attorneys, other employers were aware of the ongoing abuse but did nothing to report or stop it. The filed lawsuit also claims that the former counselor was under minimal to no supervision, giving him access to the boys and allowing adequate time to groom them into trusting him before taking advantage. He is currently in prison, serving a twelve-year sentence.

Another lawsuit filed under the Child Victims Act alleges that a former teacher and basketball coach at a high school in western New York sexually assaulted and raped one of his students. Court documents show the student, who was 14 years old when the incidents began, was the victim of sexual assault, sexual battery, and rape for two years. The teacher would give her special attention and pay her compliments during school, eventually leading to unwanted sexual contact.

The former basketball coach regularly took his victims to adult softball games sponsored by a local pizzeria. Individuals playing in those games were also teachers from the same school district. According to the lawsuit, multiple teachers preyed on female students while other teachers ignored the behavior and failed to report it to the authorities. The sex abuse victim is seeking punitive and compensatory damages for the psychological injuries and emotional distress she endured.

An organization in Poughkeepsie also received a lawsuit claiming a young boy experienced repeated sexual abuse from 2004 to 2008. The administrator allegedly groomed him for a while before eventually assaulting him. Court documents claim she invited him to her office at least once a week to participate in intercourse and mutual oral sex. She was already on the New York State Sex Offender Registry after serving an 18-month prison sentence for raping someone under 17 years old. The lawsuit accuses defendants of being negligent in employing, supervising, and retaining employees who sexually abused residents that were minors at the time of the incidents.

Contact Hach & Rose, LLP for A Free Consultation

The New York City personal injury lawyers of Hach & Rose, LLP have been representing survivors of childhood sexual abuse for 20 years. Our team has over 100 years of combined legal experience and has recovered more than $300 million in compensation for our clients. When you hire us, we can use our experience, knowledge, and resources to hold your abuser liable for their despicable actions. You can depend on us to go to battle for you and fight for the justice you deserve.

We will tirelessly work until we reach a favorable outcome in your case. You can expect transparent communication from the second you walk through our office doors until the end of the legal process. You will be our top priority as we’re seeking the financial compensation you’re owed for the suffering you were forced to endure. Customer service is of the utmost importance to us, and you will be able to reach us 24/7 no matter what.

Do not hesitate to contact a compassionate and dedicated New York City personal injury lawyer from Hach & Rose, LLP. We can meet you for a free consultation to discuss the details of your case and determine the best legal options for achieving your legal goals. We will not rest until we hold your abuser accountable for the harm they caused.

Call us at 646-685-8045 right now if you suffered injuries from childhood sexual abuse and want the opportunity to seek the monetary award you rightfully deserve.

The Child Victims Act Allows Sex Abuse Survivors To Face Their Abusers In Court

Posted on Friday, March 5th, 2021 at 7:00 am    

The statute of limitations in New York requires pursuing criminal charges for sexual abuse within five years of the incident. Survivors interested in seeking financial compensation must file a lawsuit within three years of turning 18 years old. These relatively short timeframes have long prevented child sex abuse survivors from having the opportunity to hold abusers accountable for their misconduct. However, Governor Andrew Cuomo signed the Child Victims Act on February 14, 2019, allowing a new timeframe for initiating legal action.

Under this Act, victims of child sex abuse and their families:

  • Can file a civil lawsuit until the child sex abuse survivor turns 55 years old.
  • Have a one-year lookback window for bringing legal action against their abuser.
  • Can pursue criminal charges for occurrences of child sex abuse until they reach the age of 28.
  • Don’t have to file a notice of claim for cases involving sexual abuse against a minor.

The one-year lookback window is a vital part of the Act, giving survivors the time they need to prepare their case and face their abuser in court. The deadline was supposed to expire on August 14, 2020; however, the coronavirus made its way to the United States at the start of the year, closing down courthouses across New York. This created problems for those eager to press criminal charges and file civil lawsuits for financial compensation for their losses. Governor Cuomo decided it was necessary to extend the lookback window to January 14, 2021, providing another five months to commence legal action.

Additional Time Granted to Survivors of Child Sexual Abuse

Covid-19 cases continued to spike, leading to layoffs around the state and an increased number of claims for unemployment benefits. Some people already filed lawsuits with the court but faced delays when the courthouses closed. Others haven’t had the opportunity to file and wondered if they could even afford legal fees now that they’re out of work.

With the ongoing issues caused by the pandemic, Governor Cuomo signed new legislation on August 3, 2020, pushing back the deadline for the lookback window to August 14, 2021. Survivors now have additional time to look for a job and find a way to afford legal representation. The cost of an attorney can be steep, resulting in financial hardships. With another deadline extension, sex abuse survivors can breathe a sigh of relief, knowing they have more time to prepare their legal cases.

New York Dioceses Find A Way to Keep Money Out of the Hands of Sex Abuse Survivors

The Catholic church in New York sold Fidelis Care in 2018 and created the Mother Cabrini Health Foundation to hold $4.3 billion of its insurance company’s proceeds. They made this move shortly before the Child Victims Act’s passage, legislation they tried to fight against for over a decade. The dioceses have a history of filing for bankruptcy to avoid handling individual lawsuits. Instead, these cases must go through the bankruptcy court, where the church could potentially avoid public trials.

Four New York dioceses have filed for Chapter 11 bankruptcy after receiving hundreds of lawsuits to compensate for sex abuse victims’ various losses. Pursuing a sex abuse case in bankruptcy court means survivors will likely receive a lot less money than they deserve. The judge can only consider the church’s assets rather than assets in separate entities, such as the Mother Cabrini Health Foundation. Although this strategy is entirely legal, it does not seem fair that individuals suffering the long-term effects of abuse might not get their fair share of compensation from the dioceses.

Former Dalton School Headmaster Facing Allegations of Sexual Assault

Gardner Dunnan, the former headmaster of the Dalton School in New York City, previously faced a lawsuit in 2018 for sexual assault. However, the victim decided to dismiss the lawsuit voluntarily in March 2019. She chose to drop the case because she initially filed it in New Jersey and wanted to file in New York under the Child Victims Act after Cuomo signed it into law.

The plaintiff, known as J.S. in court documents, alleged that Dunnan sexually assaulted her during four separate incidents. According to the lawsuit, J.S. lived with Dunnan and his family between September 1986 and January 1987 when she was just a teenager. She worked as the “family helper,” caring for a newborn in exchange for free tuition.

When Dunnan’s wife found out about the sexual abuse, she asked the young girl to move out. J.S. ended up transferring to another school and sought therapy for the trauma this experience caused. She felt guilty for what happened and even blamed herself. It wasn’t until years later that she finally felt ready to face her abuser and hold him accountable for the suffering she had to endure.

Unfortunately, this is a common occurrence among child sex abuse survivors. Many don’t want to admit what happened out of shame or fear that no one will believe them. Sometimes, it takes decades before a person is ready to say out loud what they went through and seek legal action against their abuser. It’s important to know you have options for recovering financial compensation and pressing criminal charges. The Child Victims Act provides the opportunity you deserve to finally seek some closure and put this devastating experience behind you.

Contact Hach & Rose, LLP Today

At Hach & Rose, LLP, our New York City personal injury attorneys have over 100 years of combined legal experience. We know how to protect our clients’ rights and achieve favorable results in their cases. When you hire us, we will work with you closely to meet your legal needs and recover the maximum compensation you deserve for the sexual abuse you experienced as a child.

You shouldn’t have to suffer any longer. We will be your advocates and help you face your abuser in court and hold them liable for their despicable actions. Hach & Rose, LLP understands the lifelong effects of abuse. Even if your physical injuries heal, your emotional scars could last for years. You don’t have to go through this alone. We will fight by your side until the very end.

Call us at 646-685-8045 for a free consultation if you were a victim of child sexual abuse and are ready to seek the justice you deserve.

Opportunity for Sex Abuse Survivors To Seek Justice Under the Child Victims Act

Posted on Friday, February 19th, 2021 at 5:48 pm    

New York Governor Andrew Cuomo signed the Child Victims Act into law on February 14, 2019. It allows survivors of sexual abuse to seek civil and criminal action against their abusers regardless of how long ago the incident took place. Typically, the statute of limitations requires initiating criminal action within five years from the abuse date and within three years of the victim’s 18th birthday for civil lawsuits. Even if someone was a victim of sexual abuse 30 years ago, they now have a new timeframe for pursuing financial compensation.

The main points included in this Act are:

  • A one-year lookback window to pursue prior cases that already passed the filing deadline.
  • You can initiate a civil lawsuit until the age of 55.
  • You can pursue criminal charges against abusers and liable institutions until you turn 28 years old.
  • A judicial training requirement for crimes associated with sexual abuse involving minors has been put in place.
  • Notice of claim is no longer necessary for cases against sexual offenders where the victim was a minor.

The lookback window was set to expire on August 14, 2020. However, the Covid-19 pandemic caused issues within the court system, leading to an extension of the deadline. Child sex abuse survivors were given until January 14, 2021 to begin their cases.

Additional Time to File Lawsuits With Another Deadline Extension

The ongoing pandemic created many challenges for seeking criminal and civil penalties under the Child Victims Act. Filing a lawsuit became more complicated, with many courthouses closing or delaying cases already on the docket. Unfortunately, this caused stress for many sex abuse survivors who faced uncertainties about whether they would ever see their day in court.

Governor Cuomo wanted to ensure those affected by the coronavirus would have adequate time to retain a lawyer and prepare their cases before the lookback window ended. Many people lost their jobs and faced difficulties receiving unemployment benefits. Without a source of income, hiring a lawyer is no longer an option for many sex abuse survivors. Cuomo decided to sign legislation providing another extension to the Child Victims Act deadline. Survivors and their families now have until August 14, 2021 to file their civil lawsuits.

Organizations Facing Allegations of Sexual abuse

Sex abusers are not the only ones named in civil lawsuits. Institutions and organizations are also battling legal ramifications for allowing sexual abuse to occur and covering up these incidents. The Children’s Home of Poughkeepsie was recently named in a lawsuit claiming that a boy repeatedly endured sexual abuse from 2004 to 2008 when he was between the ages of 12 and 16 years old.

According to documents filed with the Dutchess County Supreme Court, administrator Helen Fahy allegedly forced the victim to engage in intercourse and oral sex in her office and home at least once a week. She is also a registered sex offender, having served an 18-month prison sentence for raping a minor under 17. The lawsuit accuses the Children’s Home of Poughkeepsie of negligently employing, supervising, and retaining employees they knew were sexually abusing residents.

Another recently filed lawsuit accuses Simon Watts, a former Queens Jackie Robinson elementary school teacher, of sexually abusing an 8-year-old girl from 2007 to 2009. Court documents named Watts, the Department of Education, and the city as defendants in this case. According to the victim’s court filing, the school and city negligently hired, trained, and supervised Watts. They are also liable for keeping him on staff, allowing him access to students.

Watts is currently serving a prison sentence of 35 years after being convicted in June 2013 of sexually abusing four girls and one boy who were all between 8 and 9 years old at the time of the offenses. Three other victims also filed lawsuits against him, the school’s principal, and the Department of Education upon his conviction. In 2018, another former student won a $16 million judgment against the City of Queens for the sexual abuse he endured at the elementary school when he was just eight years old.

Sex Abuse Allegations Against Priests Continue to Rise

According to The New York Times, almost one-third of cases brought under the Child Victims Act involve religious orders against priests. Timothy Schlenz, who was 8 when he spent his Saturdays at a Manhattan church for tutoring sessions, says he was the victim of sexual abuse by Rev. Carleton P. Jones. Court documents allege that Jones groomed Schlenz for a period, eventually molesting him.

At the time, the priest told the 8-year-old boy that the acts he initiated were to check for cancer. However, as an adult, Schlenz realized what really happened and filed a lawsuit in August 2019, naming Father Jones and the Dominican Friars Province of Saint Joseph as defendants in the case.

This is just one of the countless lawsuits against New York churches. With many dioceses facing financial hardships due to the cost of litigation, some were forced to file for Chapter 11 bankruptcy. The dioceses of Rochester, Long Island Rockville Centre, Buffalo, and Syracuse filed bankruptcy to deal with all sex abuse survivors as one class and alleviate some of the challenges they’ve had to deal with.

Hach & Rose, LLP Can Be Your Advocate

The New York City personal injury lawyers of Hach & Rose, LLP will fight by your side from start to finish of your case. We’ve been representing those who have suffered the consequences of others’ wrongdoings for 20 years. With over 100 years of combined legal experience, our dedicated and compassionate team can help you hold your abuser liable for the harm they caused.

Hach & Rose, LLP understands that no amount of money can change the past or make up for the trauma you went through at the hands of your abuser. However, we hope it can provide some financial relief and compensate for the expenses you incurred while treating your physical or emotional injuries. Our New York City personal injury lawyers are ready to take your call and pursue the justice you rightfully deserve.

If you or a loved one was the victim of child sexual abuse, call Hach & Rose, LLP at 646-685-8045 right now. We can meet with you for a free consultation to discuss your case and determine the available legal options.

Let Human Trafficking Victims Pursue Happiness

Posted on Wednesday, February 17th, 2021 at 6:00 pm    

Human trafficking is incredibly pervasive, lurking in every community and preying on the vulnerable. In recent years there has been a movement to bring trafficking out in the open and make more people aware of what is happening right in their neighborhoods. The more people whose eyes are opened to these crimes, the better we can all protect the victims and prevent future damage.

Victims of human trafficking are subjected to many horrors. After they’ve escaped from their abuser, it will take many years of recovery to heal from the trauma of their experiences. Unfortunately, psychological and physical trauma are not the only lingering effects of human trafficking. One of the most difficult issues for survivors is dealing with the criminal records they develop while being trafficked. Crime and trafficking go hand in hand, and victims are often forced to become sex workers, carry drugs, commit theft, and more, all while they were under the control of their abuser without the ability to refuse. The arresting officers and the court systems aren’t nuanced enough to navigate the complicated dynamics of trafficking, and slap victims with harsh penalties and records for crimes they were forced to commit. Trafficking survivors have difficulty living their lives because these records can prevent them from obtaining jobs and housing.

The pursuit of justice for human trafficking victims, as well as awareness campaigns about the issue, have done some good. Many state lawmakers have passed criminal record relief laws that allow for survivors to have records connected to their trafficking expunged or sealed. But not all states are equal; in some, the eligibility is too restrictive to do any good, and in others the process is so difficult that it prevents anyone from utilizing it. Even when a victim is able to go through the process, they can become traumatized. One victim said that for every charge she wanted to get expunged she had to explain in great detail how her abuser influenced this crime, causing her to relive her trafficking experience. “At one time I thought the hardest thing to get away from [my trafficker], until I was away from him, and I was like, that’s not the hardest part,” said the victim. “The hardest part is trying to rebuild your life afterwards.” Other victims struggle with the expense of having their records expunged. For each petition the victim files, they must pay hundreds of dollars in filing fees. It some cases, the victim is able to work with a nonprofit who can financially support trafficking victims with these fees, but not every victim has access to such an organization.

Lawmakers must push to make these criminal record relief laws more accessible to victims of human trafficking. They must understand the painful and difficult cards that survivors have already been dealt and do their best to make their futures brighter. Recently the Trafficking Survivors Relief Act was introduced to Congress by U.S. Sens. Kirsten Gillibrand, D-N.Y., and Rob Portman, R-Ohio, but it never reached the voting stage. Hopefully further efforts will be made to support survivors.

If you or someone you know is a victim of human trafficking, we urge you to seek assistance. Hach & Rose, LLP understands how traumatic these experiences are and will handle your situation with the utmost care. To find out more about how we can help, schedule a free consultation with one of our experienced human trafficking attorneys at 646-685-8045.

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