NEW YORK CHILD SEXUAL ABUSE VICTIM ADVOCATE

ATTORNEY MICHAEL REHM - (800) 978-0754

REPRESENTING VICTIMS OF SCHOOL/TEACHER/COACH/COUNSELOR SEXUAL ABUSE - CLERGY ABUSE - BOY SCOUT ABUSE

New York Child Victims Act

Sexual abuse of kids and minors is a heinous crime that leaves victims with diverse physical and psychological injuries. The levels of damage are severe and last for a lifetime. Many studies show that the damage from the abuse increases as the child gets older, it does not get easier over time, if anything, the PTSD increases.  The damage of child sexual abuse begins from childhood and may include self-doubt, shame, nightmares, poor academic performances, lack of social interactions, and self-isolation, among many others.

Children who have been sexually abused experience memory lapses and sometimes doubt if what they experienced is serious enough to report or doubt if they will be believed. This and many other reasons are responsible for why children often delay reporting to adults who can take action, or why it may take them years after the abuse to file charges. Many studies also show that it is not until the victim reaches their 50's, that they fully grasp what occurred and the damage it caused.

Unfortunately, this meant that statute of limitations for felony charges must be brought against a child sexual abuser on or before the victim is 23 years of age. Misdemeanor charges must be brought by the time the victim is 20 years old. Given the fact that victims are often unable to process what happened until they are much older, the statute of limitations was incredibly limiting. That's where the Child Victims Act comes in.

Provisions of the Child Victims Act

The CVA changed the game in the prosecution of child sexual offenders. It made it much easier for people who experienced the dastardly act of sexual abuse as children to bring their abusers to justice, adjusting the time limitations. Amongst other things, the act provided for

1. A one-year opening for anyone abused as a child or minor to make criminal complaints and file civil lawsuits against their abuser, regardless of what age they were when the abuse happened.
2. Trial preference for civil lawsuits brought against child sexual offenders.
3. Designation and special training of Judges regarding child sexual abuse.
4. Survivors of child sex abuse can initiate a civil lawsuit against the perpetrators and the organizations that enabled them as long as the survivor is under the age of 55.
5. The statute of limitations for criminal charges was extended.
6. Establishment of rules regarding court administrative and legal proceedings for civil lawsuits against culprits of child sexual offenses
7. Elimination of the requirements to notify the government or private organizations before such lawsuits can be filed against them. The ‘notice of claim' is no longer required.

Legal Implications of Child Victims Act

The intentions of the CVA are not complex at all. It is meant to give the child sexual abuse victim a longer window of opportunity to get justice against the offender and the institutions that made the abuse possible. Let's break it down into two parts.

The Criminal Side

The Act changes the statute of limitations for sexual crimes against children. The New York penal code has a list of sexual crimes an offender may be charged with, and other than Class ‘B” felonies, survivors could previously only press criminal charges against their abusers until five years after they cross the adult age of 18.

Once the survivor clocked 23, they wouldn't have been able to make criminal complaints again, but the new act has graciously added 5 more years to the statute of limitation. It means survivors can make criminal charges until they turn 28 years old.

The Civil Side

The Child Victims Act has also changed the timeframe to file a civil charge against the perpetrators of child sex abuse and other responsible institutions. Now, you can file your civil claims up until the age of 55.

The one-year window of opportunity briefly discussed above allowed people who had been barred from proceeding with civil actions against abusers to file their claims, regardless of their age and when the abuse occurred. Due to the Covid-19 pandemic and closed courthouses, the one-year grace was extended to two years, which ended in August 2021.

Summarily, the Child Victims Act means people who have suffered sexual abuse as children now have a broader timeline to bring the culprits to book, either through criminal charges or civil lawsuits.

Can I File for Claims Under the Child Victims Act?

Have you experienced sexual abuse as a child and want to seek legal redress? Reach out to a child sex abuse attorney. While the one-year window of opportunity provided by the act closed on August 14, 2021, it is no cause for alarm. It only means people older than the age of 55 would no longer be able to bring civil actions, and those older than 28 cannot bring criminal charges.

If you are presently 55 years or younger, you would be able to file your claims under the Child Victims Act if:

1. The sexual abuse occurred before your 18th birthday;
2. The sexual abuse occurred in the State of New York;
3. You have proof that you suffered bodily, emotional, financial, or social damages;
4. You had a previous filing for claims dismissed because the statute of limitation had elapsed or you did not file a claim in general;
5. You are yet to receive any form of settlement or legal judgment against the offender

If the above is true, then you are eligible to file for claims under the CVA. You deserve to be compensated for the injures and damages you have suffered due to the sexual abuse, and your lawyer can take legal actions to hold the offender accountable.

What Sexual Offenses Apply To The Child Victims Act

If you have suffered sexual abuse as a child and are currently under the age of 28, it may be possible for the offender to be charged with with any of the following crimes in addition to a civil lawsuit:

• Sexual abuse in the first degree: this is a class ‘D' felony and carries a maximum jail term of 7 years.
• Sexual abuse in the second degree: this is a class ‘A' misdemeanor and carries a maximum jail term of 1 year.
• Sexual abuse in the third degree: this is a class ‘B' misdemeanor and carries a maximum jail term of 90 days
• Sexual misconduct: this is a class ‘A' misdemeanor and carries a maximum jail term of 1 year.
• Course of sexual conduct against a child in the first degree: this is a class ‘B' felony and carries a maximum jail term of 25 years.
• Course of sexual conduct against a child in the second degree: this is a class ‘D' felony and carries a maximum jail term of 7 years
• Predatory sexual assault against a child: this is a class ‘A-II' felony and carries a maximum jail term of 25 years to life imprisonment.
• Predatory sexual assault: this is a class ‘A-II' felony and carries a maximum jail term of 25 years to life imprisonment.
• Rape in the first degree: this is a class ‘B' felony and carries a maximum jail term of 25 years.
• Rape in the second degree: this is a class ‘D' felony and carries a maximum jail term of 7 years.
• Rape in the third degree: this is a class ‘E' felony and carries a maximum jail term of 4 years.
• Aggravated sexual abuse in the first degree: this is a class ‘B' felony and carries a maximum jail term of 25 years.
• Aggravated sexual abuse in the second degree: this is a class ‘C' felony and attracts a maximum jail term of 15 years
• Aggravated sexual abuse in the third degree: this is a class ‘D' felony and carries a maximum sentence of 7 years.
• Aggravated sexual abuse in the fourth degree: this is a class ‘E' felony and carries a maximum jail term of 4 years
• Persistent sexual abuse: this is a class ‘E' felony and carries a maximum jail term of 4 years.
• Facilitating a sex offense with a controlled substance: this is a class ‘D' felony and carries a maximum jail term of 7 years.
• Criminal Sexual Act in the first degree: this is a class ‘B' felony and carries a maximum jail term of 25 years.
• Criminal Sexual Act in the second degree: this is a class ‘D' felony and carries a maximum jail term of 7 years.
• Criminal Sexual Act in the third degree: this is a class ‘E' felony and carries a maximum jail term of 4 years.
• Forcible touching: this is a class ‘A' felony and carries a maximum jail term of life imprisonment.

Compensation Under the Child Victims Act

As a survivor of child sex abuse, you may be able to recover compensation. The Child Victims Act has helped thousands of survivors get monetary compensation from their offenders or employers.

An example is the Boy Scouts of America, which filed for bankruptcy protection in February 2020, having paid $850 million in damages. Four catholic dioceses in New York also filed for bankruptcy due to the hefty sums paid in damages to survivors of child sex abuse done by the church. Your attorneys can still file a claim for compensation until you hit the age of 55.

New York School Sexual Abuse Attorney - NYC Teacher Child Sex Abuse Lawyer 

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