New York's Child Victims Act
The Judiciary Committee has unanimously approved the Child Victims Act (CVA).
The New York Assembly has passed the Child Victims Act! The Act now goes to the Governor’s desk for signature, and we understand he plans to sign it into law on February 19, 2019.
What does the Child Victims Act Do?
The Child Victims Act allows all abuse survivors, regardless of their current age, to file a civil claim within one year of when the law becomes effective. The law also extends the statute of limitations through age 55 for people whose claims are not time-barred under the current statute of limitations. The current law requires civil claims against the perpetrator to be filed by age 23 and claims against those who enabled the abuse to happen to age 21.
Again, the one year window applies to all abuse survivors regardless of their current age. Many people believe the one-year “window” only applies to people who are age 55 or younger. That is not accurate. The one year window gives all abuse survivors one year to file a claim once the law is effective.
Abuse survivors should contact an attorney to ensure their rights are protected. For example, if a defendant files for bankruptcy, the one-year window could be significantly shortened because a bankruptcy judge could set an earlier deadline for claims to be filed against the defendant.
If you or someone you love was sexually abused as a child, the time to act is now. Please contact a lawyer to understand your legal rights and how they will be affected by the Child Victims Act.