Articles Tagged with Revival Window

outside-court-300x204One out of five girls and one out of twenty boys are sexually assaulted. This figure may be much higher, as child sexual assault is frequently not reported, only revealed later in life when the adult can express what the child could not. Other times, the abuse is never reported. Whether or not reported, sexual assault causes grievous injury to the child. Children are among the most vulnerable of victims, but until recently, many states’ statutes of limitation were ill suited to redress survivors of childhood sexual assault.

In New York, prior to August 14, 2019, a child survivor of sexual assault had to file a civil suit for damages before his or her 23rd birthday. That window was as short as one year for certain types of claims. Claims against public institutions were even more restrictive, requiring the victim file a notice of claim within 90 days of the injury. Fortunately, on August 14, 2019 the New York Child Victims Act went into effect.

Going forward, a civil suit may be filed at any time until the survivor of sexual assault turns 55. This portion of the Act applies to claims that have not yet been extinguished under the old statute of limitations. In other words, individuals under the age of 23 (or younger, depending of the specific claim) will have until they turn 55 to file a claim. Essentially, young persons that are not ready to discuss their sexual abuse, have until their 55th birthday to bring suit.

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