New York Child Victims Act

Extended Look-Back Window for Child Sex Abuse Claims

When the New York Child Victims Act (CVA) took effect in August 2019, it greatly expanded the rights of child sexual abuse victims by extending the statute of limitations for civil lawsuits against abusers and / or individuals or entities who enabled or failed to prevent the abuse.

The Child Victims Act has two key components:

1. The CVA extended the statute of limitations for civil sexual abuse claims, allowing survivors to file lawsuits until the age of 55.
2. The CVA created a 1-year look-back period during which survivors can file civil lawsuits against at-fault parties, regardless of how old the survivor is and no matter how long ago the abuse occurred.

Per the Child Victims Act, the look-back period was set at one year from the date the Act took effect – August 14, 2019. However, given the impact of the COVID-19 pandemic on local court systems, many new filings were severely delayed, and filings of non-essential cases were prohibited by an administrative order from the NY Office of Court Administration.

If you're in need help with you CVA claims, our attorneys at The Zalkin Law Firm are here to help. Contact us today!

An Opportunity for Survivors

The New York Child Victims Act, like California AB 218 and other similar laws acts passed across the nation, created long-needed pathways to justice for those who were sexually abused as minors, but may have waited too long to step forward with their CVA claims.

As a law firm that has excelled in helping abuse survivors nationwide navigate their legal journeys, our team at The Zalkin Law Firm knows it is not uncommon for survivors to wait years or even decades before stepping forward.

This is due to many factors, including the personal battles survivors have within themselves, the difficulty of processing trauma that occurred in childhood, and the general atmosphere and scrutiny surrounding these sensitive cases.

Today’s current social climate, fortunately, is far different than what it once was. There now exists growing support for survivors, and a growing sentiment that abusers and those who concealed abuse be held accountable.

According to the New York State Senate, the Child Victims Act has allowed over 3,000 courageous survivors step forward to seek justice. With the recent extension, that number is expected to rise significantly.

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.

Support & Guidance from Award-Winning Attorneys

The Zalkin Law Firm is devoted to representing sexual abuse survivors throughout New York in their fights for justice, and has successfully recovered hundreds of millions in compensation for survivors nationwide. This includes numerous successful recoveries secured on behalf of survivors who stepped forward as adults years or decades after abuse.

Examples of some of the results we’ve secured for adult survivors include:

• $4.2 million recovered for three survivors abused as minors by clergy associated with a Northern California Catholic Diocese
• $2.75 million for two survivors sexually abused by a Roman Catholic priest in 1975
• $1,75 million recovered in a Montana clergy sexual abuse case which occurred over 40 years ago
• $1.5 million secured on behalf of a 24-year-old male abused as a minor by a public school coach
• $1.25 million for a 27-year-old abused as a minor by a youth pastor associated with an evangelical church in Northern California
• $750,000 recovered in a clergy abuse case involving abuse that occurred in the early 1990's
• $675,000 recovered against a religious order for abuse that occurred 30 years ago
• $600,000 settlement 45 year old male survivor abused as a minor by a Catholic priest

Our attorneys at The Zalkin Law Firm are available to help if you have questions about the New York Child Victims Act and how it may affect your CVA claims. Call or contact us online to request a free and confidential consultation.