New York’s Child Victims Act ‘look Back’ Window Extended for Full Year
By Denis Slattery
ALBANY — Survivors of childhood sexual assault will have another 12 months to file civil suits against their alleged abuser — no matter how long ago the incident occurred. Gov. Cuomo on Monday signed an extension of part of the Child Victims Act providing a “look back” window for victims to file lawsuits beyond statue of limitations restrictions. The measure, passed by the Legislature back in May, comes after the coronavirus pandemic led to a reduction in court services and limited the ability of survivors to file suits. “The Child Victims Act has allowed more than 3,000 brave survivors to come forward to seek justice,” said sponsor Sen. Brad Hoylman (D-Manhattan). “Yet it’s clear many New Yorkers who survived child sexual abuse haven’t come forward — especially during the COVID-19 crisis which has upended our courts and economy.” The Child Victims Act went into effect last August after being stalled in Albany for more than a decade. The legislation upended the legal landscape by allowing victims of abuse to seek criminal prosecution against an abuser until the age of 28, an increase from the prior age limit of 23. In civil cases, victims can seek prosecution until they turn 55. It also initially allowed civil cases alleging child sexual abuse to be filed through Aug. 14, 2020, regardless of how long ago the incident is claimed to have taken place. “Survivors of childhood sex abuse can breathe a sigh of relief now that the look-back window of the Child Victims Act has been extended for one more year,” said Assembly member Linda Rosenthal (D-Manhattan), who also sponsored the CVA and the extension. “After fighting for the law’s passage for 13 long years, many feared the COVID-19 pandemic and the closure of the courts meant that the clock had run out on their opportunity to seek justice.” Due to COVID-19?s impact on the court system, Cuomo issued an executive order in early May extending the civil look-back window until Jan. 14, 2021. The new measure extends that window until August of next year. “The Child Victims Act brought a long-needed pathway to justice for people who were abused, and helps right wrongs that went unacknowledged and unpunished for far too long and we cannot let this pandemic limit the ability for survivors to have their day in court,” the governor said. Gov. Cuomo signs Child Victims Act into law Nearly 3,000 suits have already been filed since the look back began, according to court officials and advocates. Many of those who were instrumental to the passage of the CVA applauded the extension. “With the signing of this legislation, New York remains a leader in justice for victims and the safety of children,” said Kathryn Robb, the executive director of CHILD USAdvocacy. “Simply doing the right thing puts them in front in this movement for the forgotten victims of the #MeToo movement — children!”
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