Watch this educational video to learn about the child sex abuse statute of limitations in New York. Call for a legal consultation to discuss your legal rights.
Question:
How long does someone have to bring forward a child sex abuse claim?
Answer:
New York’s Child Victims Act gives expanded rights to survivors of sexual abuse by extending the statute of limitations for bringing a claim. This applies to both civil and criminal claims against priests, teachers, counselors, and anyone else who has committed sexual abuse.
Formerly, those who were sexually abused as children could only bring civil and criminal claims up until the age of 23. Under the new law, victims can bring civil claims up until the age of 55 and criminal claims up until the age of 28. The Child Victim’s Act will also provide all abuse survivors, regardless of their current age, until January 14, 2021 to bring legal action against their abusers. Beginning on August 14, 2019, even those that were previously time-barred by the statute of limitations can file claims even if their abusers have died.
In recognition of the fact that many victims have already been forced to wait years for access to the justice system, the new law will give trial preference to revived cases. Judges will also be required to undergo additional training concerning crimes involving sexual abuse of minors.
The Child Victim’s Act will also treat public and private entities equally by removing current notice of claim provisions for public entities and further clarifying that both entities are subject to the one-year look-back window.
When this time is up on January 14, 2021, however, so is the opportunity to bring certain claims. Furthermore, the window may be significantly shortened if a defendant (such as a diocese or the Boy Scouts) declares bankruptcy. It is incredibly important, therefore, to contact an attorney as soon as possible to learn about your options since your time to file a claim may be limited.
Were you or a loved one abused as a child and have questions about the statute of limitations in child sex abuse cases? Contact a Buffalo clergy abuse attorney at Friedman & Ranzenhofer today for a free confidential consultation and case evaluation.
Let our experience work for you.
Subscribe to Our YouTube Channel