18 ICSA TODAY 16
T
wenty-three states and the District of Columbia have
passed laws to make it easier for victims of past childhood
sexual abuse to sue. New York, California, additional states,
and Washington DC have opened the door for childhood-sexual-
abuse victims to sue by extending statutes of limitations for
survivors of childhood sexual abuse to file their cases even if the
sexual abuse happened decades ago. These laws allow survivors
of past childhood sexual abuse to seek justice and compensation
from their abusers and the individuals or organizations that
allowed the sexual abuse to occur. These laws provide a chance
for these victims to be empowered and have their voices heard.
New York
If you live in New York or were sexually abused as a child in New
York, the governor of New York signed the Child Victims Act, or
CVA, into law on February 14, 2019. This law provides that victims
of sexual assault whose statute of limitations has passed shall
have a 1-year window of time to file a claim for past sexual assault
or abuse. The CVA went into effect on August 14, 2019, and the
1-year window of opportunity to file a lawsuit ends on August 13,
2020.
The New York law also allows people who were victimized as
minors to seek prosecution against their abusers until age 55 in
civil cases, more than doubling the state’s previous time limit of
age 23. Additionally, those pursuing a criminal case against their
abusers now may do so until age 28.
The media has reported that more than 400 lawsuits were filed
in New York State on just the first day of that 1-year window in
August of 2019. The number of lawsuits that have poured into
California have not yet been tallied. There also are major battles
surrounding whether there was insurance coverage for incidents
that occurred sometimes decades ago.
California
If you live in California or you were sexually abused as a child
in California, victims of childhood sexual abuse as of January 1,
2020, no matter how long ago the abuse occurred, have a 3-year
window of time within which to file a lawsuit for previously time-
barred claims against the predator-abuser and anyone, including
a business or institution, that covered up for the predator-abuser.
In other words, this law permits adult survivors of childhood
sexual abuse in California to file claims regardless of their current
age, and regardless of how long ago the sexual abuse occurred.
This California law also expands the definition of childhood sexual
abuse and extends the statute of limitations for filing a claim for
childhood sexual abuse up to age 40, or 5 years after the survivor
discovers or reasonably should have discovered the psychological
injury or illness caused by the childhood sexual abuse.
By Carla DiMare
New Hope for
Victims of Childhood
Sexual Abuse Seeking Justice
T
wenty-three states and the District of Columbia have
passed laws to make it easier for victims of past childhood
sexual abuse to sue. New York, California, additional states,
and Washington DC have opened the door for childhood-sexual-
abuse victims to sue by extending statutes of limitations for
survivors of childhood sexual abuse to file their cases even if the
sexual abuse happened decades ago. These laws allow survivors
of past childhood sexual abuse to seek justice and compensation
from their abusers and the individuals or organizations that
allowed the sexual abuse to occur. These laws provide a chance
for these victims to be empowered and have their voices heard.
New York
If you live in New York or were sexually abused as a child in New
York, the governor of New York signed the Child Victims Act, or
CVA, into law on February 14, 2019. This law provides that victims
of sexual assault whose statute of limitations has passed shall
have a 1-year window of time to file a claim for past sexual assault
or abuse. The CVA went into effect on August 14, 2019, and the
1-year window of opportunity to file a lawsuit ends on August 13,
2020.
The New York law also allows people who were victimized as
minors to seek prosecution against their abusers until age 55 in
civil cases, more than doubling the state’s previous time limit of
age 23. Additionally, those pursuing a criminal case against their
abusers now may do so until age 28.
The media has reported that more than 400 lawsuits were filed
in New York State on just the first day of that 1-year window in
August of 2019. The number of lawsuits that have poured into
California have not yet been tallied. There also are major battles
surrounding whether there was insurance coverage for incidents
that occurred sometimes decades ago.
California
If you live in California or you were sexually abused as a child
in California, victims of childhood sexual abuse as of January 1,
2020, no matter how long ago the abuse occurred, have a 3-year
window of time within which to file a lawsuit for previously time-
barred claims against the predator-abuser and anyone, including
a business or institution, that covered up for the predator-abuser.
In other words, this law permits adult survivors of childhood
sexual abuse in California to file claims regardless of their current
age, and regardless of how long ago the sexual abuse occurred.
This California law also expands the definition of childhood sexual
abuse and extends the statute of limitations for filing a claim for
childhood sexual abuse up to age 40, or 5 years after the survivor
discovers or reasonably should have discovered the psychological
injury or illness caused by the childhood sexual abuse.
By Carla DiMare
New Hope for
Victims of Childhood
Sexual Abuse Seeking Justice
