On February 14, 2019,
history was made with the
signing into law by Governor
Andrew Cuomo of the
“Child Victim’s Act.” This
Act will ensure that those
who abuse children are held
accountable criminally and
civilly for their wrongdoing.
In addition, this new
statue creates a path to justice
for victims. The bill
extends the civil statute of
limitations to allow civil
actions to be brought until
a victim’s 55th birthday for
child sexual abuse which occurred
before age 18. A one
year window has been created
for adult survivors to
commence civil actions for
damages which under current
law are barred because
of the statute of limitations.
This one year window will
begin on August 14, 2019 so
victims up until their 55th
birthday can bring civil
lawsuits against individuals
or public and private
institutions from churches
to public school districts for
child sexual abuse that they
may have suffered many decades
ago.
The Legislature also removes
the current Notice
of Claim requirements for
public entities in cases involving
child sexual abuse
so a Notice of Intention to
make claim against municipalities
within 90 days is not
required in order to bring a
lawsuit.
Sexual abuse against a
child is a shameful unforgivable
act. It is a traumatizing
experience that can
take a lifetime to come to
terms with. While this new
law cannot erase what happened
to victims, it will give
victims an opportunity to
recover damages in a Court
of Law for what happened to
them.
While the one year window
to bring a legal action
will not begin August 14,
2019, victims should consult
an attorney as soon as possible
to begin the painful
and arduous task of their
gathering medical records
and other evidence of their
victimization.
Governor Cuomo and the
state Legislature are to be
commended for making the
“Child Victim’s Act” a reality.
COURIER L M BR B G IFE, FEB. 22–28, 2019 49
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