Child Victims Act

On February 14, 2019, Governor Andrew Cuomo signed into law the Child Victims Act, which allows a person who was sexually abused as a minor to sue their abuser for money damages, even if the abuse occurred many years ago.[1]  Note that separate criminal charges may be brought as well.  However, the law only provided for a one-year “window” to sue, which began on August 14, 2019 and ends on August 13, 2020.

Typically, laws called “Statutes of Limitations” limit the time after an event that someone can sue in court.  But, the Child Victims Act allows people who were sexually abused as children (defined as individuals under 18 years old) to initiate a lawsuit against their abuser (or a responsible third party, like a church or school) until they are 55 years old.  Also, these cases get preferential treatment in court, meaning they are heard by the court before other, pending cases.

Finally, if an individual is suing an entity run by a municipality (such as a public school district) they can circumvent typical procedural requirements such as filing a “Notice of Claim.” Usually, a person who wishes to start a civil lawsuit against New York state, or county, city, town, village, or governmental agency, is required to file a Notice of Claim with the governmental entity they wish to sue within 90 days of the accident or event (2).

This requirement is waived for cases brought against the state or a municipality under the Child Victims Act. 

If you, or someone you know was sexually abused as a child, contact the Law Office of Dana Stricker, PLLC.  Our team will treat you with compassion and fight to bring the perpetrator to justice.  Please visit our website or call us as (914) 588-0651.