What is New York’s Child Victims Act?

At Michael Rubin Law, we understand that childhood sexual abuse can have devastating and long-lasting effects on survivors. For many years, New York’s statute of limitations prevented countless survivors from seeking justice. However, with the passage of New York’s Child Victims Act (CVA) in 2019, significant changes were implemented to help survivors pursue legal action against their abusers and the institutions that may have enabled them.

Contact us today for a confidential consultation to discuss your options under New York’s Child Victims Act and how we can support you throughout this important journey.

What Is the Child Victims Act in New York?

New York’s Child Victims Act represents a watershed moment in the state’s approach to childhood sexual abuse cases. Prior to the CVA, New York had one of the most restrictive statutes of limitations in the country, requiring most victims to file claims before they turned 23. This limitation failed to recognize the complex trauma associated with childhood sexual abuse and the fact that many survivors need decades to process their experiences and come forward.

After years of advocacy and multiple failed attempts, New York’s Child Victims Act was finally signed into law on February 14, 2019. The legislation acknowledged the unique challenges faced by childhood sexual abuse survivors and aimed to provide them with expanded opportunities to seek justice through the court system.

Why the Child Victims Act Was Needed

Trauma Delays Disclosure

Most childhood sexual abuse survivors take decades to process their trauma. Many experience shame, fear, and confusion that prevents immediate reporting. Research shows the average age of disclosure is 52 years old.

Institutional Protection

Many organizations historically prioritized their reputation over child safety. Internal handling of abuse allegations often protected abusers while silencing victims through confidential settlements or intimidation tactics.

Failed Legal Framework

New York’s previous statute of limitations required filing claims before age 23 – dramatically out of step with trauma psychology. This arbitrary deadline protected perpetrators and negligent institutions while denying justice to countless survivors.

The Solution

The Child Victims Act corrected this injustice by extending the civil filing deadline to age 55 and creating a temporary “look-back window” allowing previously time-barred survivors to finally seek accountability.

Key Provisions of New York’s Child Victims Act

New York’s Child Victims Act fundamentally changed how the state handles childhood sexual abuse cases through several critical provisions:

Extended Statute of Limitations

One of the most significant changes introduced by New York’s Child Victims Act is the extension of the statute of limitations. Under the CVA:

• Civil claims: Survivors can now file civil lawsuits against abusers and institutions until they reach the age of 55, a substantial increase from the previous age limit of 23.
• Criminal charges: The act also extended the statute of limitations for criminal prosecutions, allowing charges to be brought until the survivor turns 28 for felony cases.

This extension recognizes the documented psychological reality that many survivors require decades to process their trauma, understand the extent of harm caused, and feel empowered to come forward.

Look-Back Window

Perhaps the most impactful element of New York’s Child Victims Act was the creation of a “look-back window.” This provision initially established a one-year period during which any survivor of childhood sexual abuse could file civil claims against their abusers and responsible institutions, regardless of when the abuse occurred or how long ago the previous statute of limitations had expired.

Due to the COVID-19 pandemic and the recognition of the window’s importance, the look-back period was extended multiple times. The window ultimately closed on August 14, 2021, after allowing survivors previously barred by time constraints to seek justice.

Institutional Accountability

New York’s Child Victims Act explicitly allows claims against both individual perpetrators and institutions that may have been negligent in preventing abuse. This provision is particularly significant as it enables survivors to hold accountable organizations such as schools, religious institutions, sports organizations, and other entities that may have failed to protect children under their care.

The Impact of New York’s Child Victims Act

New York’s Child Victims Act has dramatically transformed the legal landscape for survivors of childhood sexual abuse since its implementation in 2019. Here’s how this landmark legislation has made a difference:

• Thousands of cases filed: Over 10,000 lawsuits were submitted during the look-back window, giving voice to survivors who had previously been silenced by restrictive time limitations.
• Institutional accountability: Major organizations including religious institutions, schools, and youth programs have faced unprecedented legal scrutiny, leading many to implement stronger child protection policies.
• Public awareness increased: Media coverage of CVA cases has significantly reduced stigma surrounding childhood sexual abuse and created a more supportive environment for survivors.
• Precedent established: New York’s Child Victims Act has inspired similar legislation in other states, creating a nationwide movement toward justice for survivors.
• Financial compensation secured: Many survivors have received settlements providing funds for therapy, lost wages, and acknowledgment of their suffering.
• Prevention prioritized: The financial and reputational consequences of CVA litigation have motivated organizations to invest in abuse prevention training and improved screening procedures.
• Healing facilitated: Beyond legal outcomes, the process of seeking justice has provided many survivors with validation, closure, and resources for continued recovery.

At Michael Rubin Law, we’ve witnessed firsthand how New York’s Child Victims Act has empowered survivors to reclaim their voice and hold abusers accountable, regardless of when the abuse occurred.

Legal Process Under New York’s Child Victims Act

At Michael Rubin Law, we guide survivors through every step of filing claims under New York’s Child Victims Act. Here’s what the process typically involves:

• Initial consultation: A sexual assault victim lawyer evaluates your case, explains your rights under New York’s Child Victims Act, and helps determine if you’re eligible to file a claim.
• Documentation gathering: We collect relevant evidence, which may include medical records, therapy notes, witness statements, and any documentation related to the institution involved.
• Identifying defendants: All potentially liable parties are identified, including both individual perpetrators and institutions that may have enabled or concealed the abuse.
• Filing the complaint: A formal complaint is filed with the appropriate court, detailing the allegations and establishing the basis for compensation under New York’s Child Victims Act.
• Discovery phase: Both sides exchange information and evidence, which may include depositions where witnesses and parties answer questions under oath.
• Settlement negotiations: Many cases are resolved through settlement discussions before trial, potentially providing compensation without the stress of courtroom proceedings.
• Trial preparation: If a fair settlement cannot be reached, we thoroughly prepare your case for trial, including expert witness testimony and compelling evidence presentation.
• Court proceedings: During trial, your sexual assault victim lawyer presents your case before a judge or jury, advocating for appropriate compensation and accountability.
• Resolution and recovery: Following settlement or verdict, we ensure you receive all compensation awarded and connect you with resources for continued healing.

At Michael Rubin Law, we understand that pursuing justice under New York’s Child Victims Act requires both legal knowledge and trauma-informed support. Our team is committed to standing with survivors throughout this challenging but potentially healing process.

Who Can File a Lawsuit Under the Child Victims Act?

New York’s Child Victims Act has enabled diverse groups of survivors to seek justice against abusers and negligent institutions. At Michael Rubin Law, we represent various plaintiffs who have bravely come forward:

• Former students: Survivors who experienced abuse by teachers, coaches, or staff while attending public or private educational institutions, with claims typically involving inadequate supervision or negligent hiring practices.
• Religious organization members: Individuals who suffered abuse by clergy or other religious authority figures, often asserting that institutions concealed abuse or transferred perpetrators without warning other communities.
• Youth program participants: Survivors who experienced abuse while involved in sports teams, scouting organizations, summer camps, or other youth-focused activities where negligent supervision enabled predatory behavior.
• Patients: Those who endured abuse by medical professionals, therapists, or healthcare staff in hospital settings, doctor’s offices, or treatment facilities.
• Group home residents: Former residents of foster care, orphanages, or juvenile detention facilities who were abused by staff or other residents due to insufficient oversight or protection.
• Family abuse survivors: Individuals who experienced abuse by relatives but can now hold accountable institutions that knew about but failed to report suspected abuse as required by law.
• Adult survivors with repressed memories: People who only recently recovered memories of childhood abuse and can now file claims under New York’s Child Victims Act regardless of when the abuse occurred.

Common Defendants in the Child Victims Act of New York

Under New York’s Child Victims Act, several types of individuals and organizations have been named as defendants in sexual abuse lawsuits. At Michael Rubin Law, we help survivors hold accountable all parties responsible for the harm they suffered:

• Individual perpetrators: Direct abusers who committed acts of sexual abuse against children, including teachers, coaches, clergy members, medical professionals, family members, and others in positions of trust.
• Religious institutions: Churches, dioceses, and other religious organizations that may have enabled abuse through inadequate supervision, concealment of prior allegations, or transferring known abusers to new locations.
• Educational institutions: Public and private schools, colleges, and universities that failed to implement proper screening procedures, ignored warning signs, or mishandled abuse reports under their supervision.
• Youth organizations: Sports leagues, scouting groups, camps, and other youth-focused programs where inadequate safeguards or negligent supervision created environments where abuse could occur.
• Healthcare facilities: Hospitals, clinics, and treatment centers where patients were abused by medical staff and proper protections were not in place to prevent such misconduct.
• Government agencies: Foster care systems, juvenile detention facilities, and other state-run institutions responsible for the care of children where abuse occurred due to negligent hiring or insufficient oversight.
• Third-party facilitators: Organizations or individuals who were not direct perpetrators but enabled abuse through their actions or inactions, such as administrators who ignored reports or failed to implement proper safety protocols.

How a Sexual Assault Victim Lawyer Can Help

At Michael Rubin Law, we understand that pursuing justice under New York’s Child Victims Act requires both legal knowledge and compassionate support. Our child sexual assault victims lawyer team provides comprehensive assistance throughout the entire process:

• Case evaluation: We assess the strengths and challenges of your specific situation, explain how New York’s Child Victims Act applies to your circumstances, and help determine the most strategic path forward.
• Evidence collection: Our child sexual assault lawyers team gathers and preserves all relevant documentation, locates potential witnesses, and works with medical and psychological professionals to substantiate the impacts of abuse.
• Statute analysis: We determine how New York’s Child Victims Act’s extended timelines specifically apply to your case, ensuring all filing deadlines are met appropriately.
• Defendant identification: We conduct thorough investigations to identify all potentially liable parties, including both individual perpetrators and institutions that failed in their duty to protect.
• Legal representation: We handle all communications with defendants, insurance companies, and opposing counsel, shielding you from potentially retraumatizing interactions.
• Settlement negotiation: We leverage our understanding of New York’s Child Victims Act case precedents to pursue fair compensation that acknowledges both economic and non-economic damages.
• Trial advocacy: If settlement offers are inadequate, we present compelling arguments in court, utilizing trauma-informed approaches that protect your dignity throughout proceedings.
• Support coordination: We connect you with appropriate therapeutic resources and support groups specifically for survivors navigating the legal process under New York’s Child Victims Act.

At Michael Rubin Law, we recognize that coming forward takes immense courage. Our commitment extends beyond legal representation to ensuring you feel supported, informed, and empowered throughout your journey toward justice under New York’s Child Victims Act.

Take the First Step Toward Justice Today

If you or a loved one experienced childhood sexual abuse, New York’s Child Victims Act has created a path to accountability and healing. At Michael Rubin Law, we provide compassionate, dedicated representation for survivors seeking justice. Contact us today for a confidential consultation to discuss your options under New York’s Child Victims Act and how we can support you throughout this important journey.

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New York’s Child Victims Act FAQs

Does the Child Victims Act cover all types of childhood abuse?

New York’s Child Victims Act specifically covers sexual abuse, assault, and molestation committed against individuals under the age of 18. It does not cover other forms of child abuse such as physical abuse or neglect unless they occurred in conjunction with sexual abuse.

Can I file a claim if my abuser is deceased?

Yes. Under New York’s Child Victims Act, you can still file a claim even if your abuser has passed away. The lawsuit would proceed against the estate of the deceased and/or any institutions that may share liability.

What types of damages can be recovered?

Survivors may recover compensation for therapy costs, medical expenses, lost income, pain and suffering, emotional distress, and in some cases, punitive damages designed to punish particularly egregious conduct.

Is my identity protected if I file a lawsuit?

Many courts allow survivors to file as “Jane Doe” or “John Doe” to protect their privacy. A sexual assault victim lawyer can petition the court to allow you to proceed anonymously while still pursuing your claim under New York’s Child Victims Act.

What if I don’t remember all the details of the abuse?

Many survivors have incomplete or fragmented memories of their abuse due to trauma. This is normal and doesn’t necessarily prevent you from filing a claim. Your testimony, supported by whatever evidence is available, can still form the basis of a valid case under New York’s Child Victims Act.

Can I still file a claim if I previously signed a settlement agreement?

This depends on the specific terms of the agreement you signed. Some settlement agreements may be challenged if they were signed under duress or if you were not fully informed of your rights at the time. A consultation with a sexual assault victim lawyer is necessary to evaluate your specific situation.

What evidence is needed to support my claim?

While documentation strengthens a case, New York’s Child Victims Act recognizes that childhood sexual abuse often lacks physical evidence decades later. Your testimony is considered evidence, and therapy records, witness statements, evidence of similar abuse by the same perpetrator, or institutional records may support cases.

How long does the legal process typically take?

Cases filed under New York’s Child Victims Act can take anywhere from several months to several years to resolve, depending on complexity, available evidence, and whether the case settles or proceeds to trial.

Is there a difference between civil and criminal cases under the CVA?

Yes. New York’s Child Victims Act primarily expanded the civil statute of limitations, allowing survivors to seek financial compensation. While it also extended the criminal statute of limitations for certain offenses, criminal prosecutions follow different procedures and are initiated by law enforcement rather than survivors. A sexual assault victim lawyer can help explain the differences and options available in your specific situation.