New York Sexual Abuse Statute of Limitations
New York Bill may Change Statute of Limitation for Sexual Abuse
If someone was the victim of sexual abuse as a child, they have the right to bring a civil lawsuit against the person who committed the abuse as well as any other person or entity who is responsible for the abuse having taken place, such as a school or a church. Present statute of limitation states the time in which to commence that lawsuit lasts until the child turns eighteen plus an additional five years; or until the victim turns twenty-three.
There is a Bill now pending before the New York State Senate and Assembly, which would do two very important things with respect to the statute of limitations for a person who was the victim of sexual abuse as a child. First, it would extend the time for someone to commence a lawsuit to age twenty-three plus five years; or until the victim turns twenty-eight. Additionally, the Bill, if enacted, would revive expired civil causes of action for those who were victims of sexual abuse as a child no matter their present age. Thus, someone who was the victim of sexual abuse as a child would be allowed to commence a civil action against the abuser and/or any other entity responsible for the abuse, no matter how old the person is now or how long ago the abuse occurred. There is one very important catch, however. This revival period will last for one year. Abuse victims who are twenty-eight years or older will only have a one year period in which to commence their actions. As a result, it is extremely important for anyone who was the victim of sexual abuse as a child to contact an attorney immediately. One year may sound like a long time but it is not. There are preliminary requirements under the Bill which must be satisfied before the action can be commenced and these can take some time. Therefore, while this Bill, if passed, would do an extraordinary amount of good in the search for justice for those who were victims of sexual abuse as children, it is crucial that the victims themselves take the first and most important step; contact an attorney who can protect your rights and fight hard for you so you can have the justice you deserve after so many years.
Read the entire proposed Bill - New York BILL NUMBER: A2596
If you feel that you are the victim of sexual abuse as a child please contact the New York law firm of The Orlow Firm for a free case evaluation.