What is the Child Victims Act?
Enacted in 2019, the CVA provides crucial legal protections for survivors of childhood sexual abuse. This law allows survivors to file civil lawsuits against their abusers or any organizations that may have ignored or enabled the abuse, regardless of how long ago the abuse occurred.
The CVA not only facilitates individual compensation claims but also seeks to address systemic failures within institutions that may have neglected their duty to protect children. This law plays a vital role in supporting survivors as they confront their trauma and seek closure, ultimately working toward safer environments for children in New York.
The CVC Lookback Window
- From August 2019 to August 2021, survivors of childhood sexual abuse could file civil claims regardless of when the abuse occurred.
- The CVA applies explicitly to those who were abused as minors, distinguishing it from the Adult Survivors Act (ASA), which pertains to adult survivors.
CVA Eligibility for Survivors
Survivors can file lawsuits against individuals directly responsible for the abuse and institutions that may have enabled or covered up the misconduct, including schools, churches, sports organizations, and youth programs. This is essential for holding accountable those responsible for creating or allowing unsafe environments for children.
Extended Statute of Limitations
Under the CVA, the statute of limitations for filing claims related to childhood sexual abuse has been extended, allowing survivors to file civil cases until the age of 55. This extension provides hope for those who might have been barred from seeking justice due to time limitations.
Damages Available Under the CVA
Survivors of child sex abuse can seek compensation for:
- Physical, emotional, and psychological harm resulting from the abuse.
- Medical expenses, lost wages, and any related recovery costs.
- Pain and suffering reflect the emotional toll of the abuse.
- Punitive damages against particularly egregious conduct by abusers or enabling institutions.
Do You Have a Case Under the Child Victims Act?
The CVA opens the door for various types of New York child sex abuse claims, enabling survivors to seek justice. Here are examples of cases that could qualify under the CVA:
Misconduct from Years Ago
A man in his 30s recalls being sexually abused by a family member during childhood. Although many years have passed, he can now file a lawsuit against the abuser for damages.
Abuse in Educational Settings
A former student endured abuse from a teacher who silenced complaints and manipulated the school’s administration to avoid accountability. The CVA enables her to file a civil claim against the teacher and the school for failing to protect her.
Sexual Abuse in Youth Sports
A young athlete experienced ongoing abuse from a coach who had significant influence over her participation in sports. Under the CVA, she can sue both the coach and the governing sports organization for enabling the abuse and ignoring prior reports.
If you identify with any of these scenarios or another not listed, contact HKD for a free legal consultation.
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