New York Child Victims Act

New York Child Victims Act FAQs

Who can file a lawsuit under the Child Victims Act?

Any individual who was sexually abused as a child in New York State is eligible to file a lawsuit under the CVA. This includes cases against individuals, institutions (such as schools or churches), and organizations that may have played a role in allowing the abuse to occur. Even if the abuse happened decades ago, the CVA gave survivors a chance to seek justice, particularly through the two-year look-back window, which permitted older cases that were previously time-barred.

Is the look-back window still open for filing claims under the CVA?

No, the look-back window closed in August 2021. During this two-year period, anyone who was a survivor of child sexual abuse, regardless of their age or when the abuse occurred, was able to file a civil lawsuit. Although this special window has now closed, individuals who are still within the statute of limitations can continue to file claims—meaning survivors under 55 years of age may still seek justice for their abuse under the extended civil statute of limitations.

What impact has the Child Victims Act had on New York?

The Child Victims Act has had a significant impact in New York, empowering thousands of survivors of childhood sexual abuse to come forward with their cases. It has led to a wave of lawsuits, many of which target powerful institutions like religious organizations, schools, and youth organizations accused of covering up or enabling abuse. The CVA has also fostered greater awareness of the long-term trauma caused by childhood sexual abuse and has prompted discussions about accountability and prevention measures in the state.

How does the CVA affect criminal cases of child sexual abuse?

The CVA extends the time for survivors of childhood sexual abuse to seek criminal charges against their abusers. Previously, survivors had only until age 23 to press charges. Under the CVA, this has been extended to age 28. While criminal cases are generally harder to pursue as time passes due to evidence issues and witness availability, the extended timeline has provided some survivors with additional opportunities to hold perpetrators criminally accountable.

What is the significance of the extended statute of limitations?

The extended statute of limitations under the CVA recognizes the psychological and emotional challenges that survivors of childhood sexual abuse often face. Many survivors do not disclose their abuse until years later due to fear, shame, or repression of traumatic memories. By extending the timeframe to file claims, the law acknowledges these difficulties and provides survivors more time to come to terms with their experiences and seek legal recourse.