Among other provisions, the New York Child Victims Act will provide victims with the opportunity to hold their abusers accountable several years after the abuse has occurred. In many cases, victims of child sex abuse feel either ashamed or terrified to come forward. The new law, which expands the previous statute of limitations, also provides a much-needed opportunity for those who feel as though they missed their chance.
Throughout the past, numerous victims have failed to see justice served based on an unjust statute of limitations that rendered their case invalid. The glaring problem with a statute of limitations in child rape cases is that it often takes victims many, many years to come to terms with the abuse they have endured. Putting a limit on when victims must not only come to terms with their abuse but to file a lawsuit only seems inhumane.
As many New Yorkers are likely aware, the recently signed Child Victims Act allows victims until at least the age of 50 to file a claim against an alleged party. However, and what may be even more significant, is that the new law also permits those who had previously missed the statute of limitations, to refile.
Under the new law, anyone who was previously denied the right to a trial, due to the former statute of limitations, will now have one year to refile their claim. This new provision is titled, “The Look Back Window,” and it is available to anyone who may qualify. Of course, it is important to understand that even though you may be familiar with the new laws, there is no substitute for accurate representation.
We cannot describe our passion for holding those who abuse children accountable, and we firmly believe that this new law is a step in the progressive direction. The New York Child Victims Act not only allows victims time to cope, but it also expands on our duty to hold those who have committed extremely heinous acts, accountable.
At Hach & Rose, LLP, we are dedicated to assisting the victims of negligent parties and other entities. In our belief, each and every child who is injured by sexual abuse deserves not only more than their fair share, but the best representation possible. If you or your child has been the victim of sex abuse in New York, please contact our sexual abuse attorneys at (212) 779-0057 today.
Note: Secondary sources were used to create this piece and, because of this, the information included has not been independently verified. If you notice a factual issue with our posting, please bring it to our attention and we will correct or remove it as soon as possible.
Disclaimer: Our intent in these posts it to bring attention to the dangers members in our community face and to encourage caution. However, this information should not be misconstrued as legal or medical advice, and we urge you to contact a trained legal professional for more information regarding your specific situation.
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