Child sexual abuse is a heinous crime that can have long-lasting effects on the victims. It is essential to hold perpetrators accountable and provide justice to survivors. In New York,the statute of limitations (SOL) for child sexual abuse has undergone significant changes over the years to ensure that survivors have ample time to seek legal recourse. Let’s delve into the details of the current SOL laws in New York,with a particular focus on the recent developments.
Civil SOL
Until 2002,the civil SOL for child sexual abuse in New York was up to 10 years from the date of conviction of any first-degree felony. However,this limitation was deemed inadequate,considering the nature of the crime and the often suppressed memories victims experience. In 2006,the age cap was extended to 23 years,recognizing the difficulties survivors face in coming forward at an early age.
The turning point came in 2019 with the introduction of the Child Victims Act. This act expanded the civil SOL for child sexual abuse to age 55,allowing survivors more time to pursue legal action against perpetrators and institutions responsible for their abuse. The Child Victim’s Act also eliminated the previously existing 90-day notice of claim requirement for claims against public institutions,which had shielded them from civil liability for an unreasonably long period.
SOL Laws in New York
While the SOL laws in New York provide extended time limits,the state does not have a specific discovery rule applicable to child sexual abuse. Discovery rules allow victims to initiate legal action when they discover,or reasonably should have discovered,the connection between their abuse and the harm caused. Therefore,survivors in New York must adhere to the age cap of 55 and file their claims within that timeframe.
Revival Law
To address the backlog of previously expired child sex abuse claims,the Child Victims Act introduced a revival law. This law opened a one-year revival window on August 14,2019,allowing survivors to bring forth claims that were previously time-barred. Due to the unforeseen circumstances of the COVID-19 pandemic and court closures,Governor Cuomo signed an executive order on May 8,2020,extending the window until January 14,2021. Furthermore,a subsequent law signed on August 3,2020,added another year to the original one-year window,making it open until August 14,2021.
In 2022,the New York City Council passed a Local Law that introduced a two-year revival window specifically for sexual abuse claims that occurred in New York City. This significant development opens up opportunities for survivors to seek justice for their past abuse. The two-year window will commence on March 1,2023,and will provide a renewed chance for victims to hold perpetrators accountable and seek compensation.
It is crucial for survivors of child sexual abuse to understand their rights and the legal options available to them. Seeking the guidance of experienced attorneys and support organizations can help survivors navigate the complexities of the legal process and ensure their voices are heard. Kat Thomas from Abuse Guardians,a New York Sexual Abuse law firm,states,It is essential for survivors to be aware of their rights and seek legal guidance to navigate the complexities of the legal process. Together,we can work towards a society that supports and empowers survivors of child sexual abuse.
Conclusion
In conclusion,the statute of limitations for child sexual abuse in New York has seen significant changes in recent years. The extension of the age cap to 55 and the introduction of revival windows have provided survivors with increased opportunities to pursue justice and hold perpetrators accountable. The two-year revival window in New York City,opening on March 1,2023,marks another important step towards ensuring justice for survivors of child sexual abuse. It is crucial to raise awareness about these legal developments and support survivors on their path to healing and resolution.