Legal Analysts

Showing posts with label child victims act. Show all posts
Showing posts with label child victims act. Show all posts

Sunday, September 18, 2022

Biden Signs Bill Eliminating the Statute of Limitations on Civil Claims for Minor Victims of Federal Sex Crimes

On September 17, 2022, President Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022

The Act completely eliminates the statute of limitations for minor victims to file a civil action for a number of federal sex offenses, including sex trafficking, forced labor, sexual abuse and child pornography. By amending Title 18 of the United States Code, the part that deals with federal crimes and criminal procedure, this Act removes all former time restrictions for specified offenses relating to minors.  

Previously, minor victims seeking to file federal civil claims for damages had until their 28th birthday, or until 10 years after the violation or injury was discovered. These restraints presented a substantial barrier for many victims, who often delay in reporting or taking legal action because of the time it takes to process their trauma. Now, the doors of justice are wide open for minor victims to pursue claims and hold their abusers accountable. 

Similar measures have been taken at the state level as well. For example, in New York, the Child Victims Act begins the statute of limitations for child sex abuse crimes when the child turns 23 for criminal proceedings, and the filing of a civil action before a toddler, pre-teen, or teenage victim’s 55th birthday. 

It's becoming clear that the law is evolving favorably for victims of abuse. Perhaps knowing that the law is on their side will provide survivors with the empowerment that they need to carry on. 

Friday, August 16, 2019

One Year Window for All Victims of Child Sexual Abuse to File a Lawsuit is Open

Attention Victims of Child Sexual Abuse: You have an opportunity for the next year to seek damages for physical and emotional injuries regardless how long ago the abuse took place.

The Child Victims Act, which went into effect this week, allows any victims of child sexual abuse in New York State to file a civil lawsuit against their abuser or a negligent institution within the next year.

Following the one year period, any victim can file a lawsuit against their abuser or a negligent institution until their 55th birthday (the age limitation was previously 23 years old).

The rationale behind the law is that victims of child sex abuse should not be penalized for not timely disclosing what occurred because of shame or fear.