Last Updated on: 27th July 2023, 04:34 pm

The Damaging Effects of Sexual Abuse on Children

Sexual abuse of minors is a cruel and heartless crime that leaves its victims with lifelong physical and emotional scars. The trauma of abuse only intensifies as the years go by, resulting in a never-ending cycle of self-doubt, shame, and nightmares.

Children who have endured sexual abuse often struggle with memory lapses and feelings of self-doubt, leaving them uncertain about whether to report the abuse or if they will be believed. These fears and insecurities often prevent them from speaking out, sometimes for years or even decades.

The Limitations of the Previous Legal System

Unfortunately, the previous legal system imposed strict limitations on when charges could be brought against child sexual offenders. Felony charges had to be filed before the victim reached the age of 23, while misdemeanor charges had to be brought before the victim turned 20. This left many victims without a way to seek justice for the atrocities committed against them.

The Child Victims Act: A Path to Justice

The Child Victims Act (CVA) changed the game in the pursuit of justice for survivors of child sexual abuse. This groundbreaking legislation made it easier for victims to bring their abusers to justice, by extending the statute of limitations and providing other key provisions, including:

Key Provisions of the Child Victims Act

• A one-year window for any survivor of child sexual abuse to file criminal complaints and civil lawsuits against their abuser, regardless of their age or when the abuse occurred.
• Priority for civil lawsuits brought against child sexual offenders.
• Special training for judges on child sexual abuse cases.
• The ability for survivors to file civil lawsuits against the perpetrators and organizations that enabled the abuse until the age of 55.
• An extension of the statute of limitations for criminal charges.
• Simplification of the court proceedings for civil lawsuits against child sexual offenders.
• Removal of the requirement to notify the government or private organizations before filing a lawsuit against them.

The Criminal and Civil Implications of the Child Victims Act

The Child Victims Act offers survivors of child sexual abuse a longer window of opportunity to seek justice against their abusers and the institutions that enabled the abuse. The criminal side of the act extends the statute of limitations for sexual crimes against children, allowing survivors to file criminal charges until they turn 28 years old. On the civil side, the act extends the timeline for filing a civil lawsuit against perpetrators and responsible organizations until the age of 55.

A one-year grace period was also established, allowing survivors who were previously barred from filing a lawsuit to do so, regardless of their age or when the abuse occurred. Due to the Covid-19 pandemic, this grace period was extended to two years, ending in August 2021.

In conclusion, the Child Victims Act offers hope and a path to justice for survivors of child sexual abuse, giving them the time and resources they need to bring their perpetrators to justice.

The Urgency of Reporting Sexual Assault

In the state of New York, the clock is ticking for survivors of sexual assault. Like most crimes, there is a Statute of Limitations beyond which charges cannot be brought. However, New York has taken a bold step towards justice with the Child Victims Act, which allows survivors of childhood sexual abuse to file a civil lawsuit until they turn 55 years old.

When Time is Not on Your Side

Typically, the Statute of Limitations for crimes in New York is 2 years for a misdemeanor charge and 5 years for a felony charge. But when it comes to New York Sex Crimes, the rules are different. The Statute of Limitations is extended for crimes such as Rape, Sexual Abuse, Criminal Sexual Act, and Aggravated Sexual Abuse if the complaining witness was less than 18 years old at the time of the offense. In some cases, there may even be no Statute of Limitations at all.

The Tolling Exception

There is one major exception to the Statute of Limitations for New York Sex Crimes. The Statute of Limitations is tolled until the complaining witness turns 18 unless the crime was reported to law enforcement or the statewide central register of child abuse and maltreatment. In that case, the Statute of Limitations would begin to run from the date of the report.

In February 2019, the Child Victims Act raised the tolling age from 18 to 23 years old. This means that if the Sex Crime is not reported, a person can be charged until the complaining witness turns 25 for a misdemeanor Sex Crime or 28 for a felony Sex Crime. However, if the Sex Crime is reported before the complaining witness turns 23, the Statute of Limitations begins to run from that date.

Seize Your Chance for Justice

In New York, there are a few exceptions to the Sex Crime Statute of Limitations. This means that there is either a longer Statute of limitations or no Statute of Limitations at all, and charges can be brought at any time. If the complaining witness was less than 18 years old at the time of the Sex Crime, the tolling period would apply unless the crime was reported before the person turned 18.

Don’t let time run out on your chance for justice. Report any sexual assault to the authorities and seize your opportunity to hold the perpetrators accountable.