There are more than 42 million survivors of child sexual abuse, and until recently, most have felt alone when dealing with their childhood traumas. But, that all changed when the Child Victims Act took effect.
If you’ve been wondering what the children’s victim acts is, you’ve come to the right place. We are going to let you know what it is, but we’re also going to detail how long survivors have to file their claim.
Childs sexual abuse is horrific and can scar children for life as they grow into adults. With the child victim act, a child will know they aren’t alone and begin taking steps to get justice.
What Is the Child Victims Act?
The child victims act passed in 2019, and the act extends the statute of limitations a victim has to file a suit in both criminal and civil cases. A statute of limitations is the time that a victim has to file a claim before they are no longer able to do so.
New York passed the CVA, and it allows victims not only to seek monetary damages in civil cases, but they can also file a claim against institutions that played a part in their childhood sexual abuse.
Once the act was passed, New York ensured that judges we’re equipped with the knowledge and expertise to handle children’s sexual abuse cases in their courtrooms.
Filing a Claim in a Civil Case
Although the length of the statute of limitations has changed, you must know the difference between the two before filing your claim. If you find that your case has not passed the previous statute of limitations by up to five years, you’re able to file a claim until the age of 55.
The 1-5 years only counts if the child has passed the age of 18 years old. The second statute of limitations that must be known before filing your claim is if you’ve not passed the statute of limitations.
If your case has already expired under the previous statute of limitations, you’ve got 1 year to file your claim. Because the CVA was filed in February of 2019, survivors have 6 months from the filing date to begin filing their claims.
However, it needs to be noted that because of the recent pandemic, the extension has been moved to January 2021, providing survivors with more time to file their initial claims. This post will provide more insight into the way that the pandemic has affected child victim claim filing.
Filing a Claim in a Criminal Case
The previous statute of limitations in criminal cases ended after the victim reached the age of 23. The act extended that statute of limitations giving survivors until the age of 28 to file their claim when the sexual abuse was a felony charge.
If the charge was a misdemeanor, the statute of limitations now ends when the survivor is 25 years old. The previous statue ended when the survivor reached 20. You can always consult a lawyer through their website.
Child Victims Act: No Child Left Behind
No child should ever have to deal with sexual abuse, but unfortunately, it’s more common than you’d ever imagined. With the Child Victims Act, survivors are provided with the time they need to feel justice for the crimes committed against them.
We hope that all of the information you were looking for was easily found above. If you’d like to check out some of our other legal posts, continue scrolling through our blog section.
