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 (212) 779-0057 right now if you suffered injuries from childhood sexual abuse and want the opportunity to seek the monetary award you rightfully deserve.