Approximately 1.8 million adolescents in the U.S. have been the victims of sexual assault, according to the U.S. Department of Justice. Often times perpetrators are exploiting a position of trust, and victims fear they won't be believed or will get in trouble if they disclose what happened. Perpetrators slowly work their victims in order to gain access and ensure the victim will stay quiet. They are very good at identifying vulnerabilities in kids. Sexual assault is considered a “silent-violent epidemic” in the United States today.

One of the primary reasons victims don’t come forward to report a sexual assault is shame. Gershen Kaufman stated in Shame: The Power of Caring, “Shame is a natural reaction to being violated or abused. In fact, abuse, by its very nature, is humiliating and dehumanizing.” This sense of shame often causes victims to blame themselves for the sexual misconduct of their perpetrator. It is often easier to blame oneself than to admit that you were rendered helpless or victimized by another person.

Many victims also refuse to believe that the treatment they endured was actually abusive. They downplay how much they have been harmed. They convince themselves that “it wasn’t a big deal.” Victims may experience self-doubt, which can lead to self-blame, and the hopelessness of the situation can also lead to depression.

Fear of the repercussions is a huge obstacle victims face when it comes to reporting sexual assault. Also many don’t disclose, because they fear they won’t be believed. Victims who cannot see a way out of an abusive situation soon develop a sense of hopelessness and helplessness, and this, in turn, contributes to them giving up and not trying to escape or seek help.

On February 14th, 2019 NY Gov. Andrew M. Cuomo signed the Child Victims Act, giving childhood victims of sex abuse a limited opportunity to sue for damages in cases where those victims previously would have been denied by the state’s statute of limitations

The Child Victims Act includes provisions to:

• Increase the statute of limitations for criminal cases until, in the case of felonies, the 28th birthday of the victim.
• Expand the statute of limitations so that victims can bring civil cases up until their 55th birthday.
• Opens a one-year look-back period, which will start six months after the law takes effect, in which victims of any age can bring civil lawsuits against individuals or public and private institutions for abuse that may have occurred many decades ago.

$4.5M Verdict for Twins Who Were in Foster Care in Child Abuse Case

The Defender Association of Philadelphia, a foster care agency and two Lancaster County foster parents have been found liable for the abuse of a twin brother and sister, a case resulting in a $4.5 million jury verdict in favor of the children.

$11M Verdict Awarded in Child Abuse Lawsuit

A Philadelphia jury handed down an $11 million verdict to a girl who was sent by an adoption agency to live with a couple that subjected her to physical and sexual abuse in their foster home.

$35M Verdict for abuse survivor in Jehovah's Witnesses Lawsuit

The Jehovah's Witnesses must pay $35 million to a woman who says the church's national organization ordered Montana clergy members not to report her sexual abuse as a child at the hands of a congregation member, a jury ruled in her favor.

$25M verdict in sex abuse lawsuit against Seal Beach Sports Camp

Jurors reached the verdict, finding the private K-8 school negligent for failing to act on suspected sexual abuse by Scott Durzo, who oversaw after school programs 10 years ago.

Frequently asked questions

How has the statute of limitations for child sexual abuse changed in civil cases?

Before, survivors of child sexual abuse had from one (1) to five (5) years to bring a civil lawsuit against their abuser(s). The one (1) to five (5) year time period started after the victim turned eighteen (18) years old. For a long time, it has been recognized that it is very difficult for survivors of child sexual abuse to come forward or even come to terms with the trauma until many years later. As a result, many survivors could not pursue a claim for damages because the one (1) to five (5) time period expired by the time they were ready – emotionally and otherwise – to bring a claim for money damages.

Now, the CVA helps survivors by extending the statute of limitations for civil claims so that survivors can file a claim until they are 55 years old.

There is another very important part of the CVA which applies to civil cases. The CVA allows survivors of child sexual abuse – who were unable to file a lawsuit under the old law – to have a one (1)-year “look back” period during which they can file a civil claim. This means that a civil case which had already expired under the old statute of limitations can now be filed within this one (1)-year period. This is a very important right which provides survivors who would not have been able to file a claim previously to be able to file a claim for money damages now.

When can a survivor of child sexual abuse file a civil claim?

There are two important differences in the new statute of limitations under the CVA –

For all claims that have not already expired under the old statute of limitations period of one (1) to five (5) years, starting after the survivor turned eighteen (18): The survivor of child sexual abuse will have until the age of 55 to file a claim.

For all claims that have already expired under the old statute of limitations: The CVA provides a one (1)-year extension for claims to be filed now. This means survivors are now able to seek money damages, but they must file their claims within the new one (1)-year period. This new one (1)-year period will begin six (6) months after the governor signed the CVA. The governor signed the CVA on February 14, 2019.

Who can survivors of child sexual abuse file a claim against?

Under the CVA, survivors can now file a claim against private and public institutions that may have also been involved in the abuse (this includes negligence of the institution). This is because the CVA removed “the notice of claim” requirement under the old law which usually applies before someone can bring a claim against a public institution. Survivors can file claims against these institutions during the new one (1)-year extension period for claims that had already expired under the old statute of limitations.

How has the statute of limitations for child sexual abuse changed for felony offenses?

Before, the statute of limitations for felony offenses ended when the survivor of child sex abuse reached the age of 23.

Now, the CVA increases the statute of limitations for felony offenses by five (5) years. This means survivors can press charges until they are 28 years old.

How has the statute of limitations for child sexual abuse changed for misdemeanor offenses?

Before, the statute of limitations for misdemeanor offenses ended when the survivor of child sexual abuse reached the age of 20.

Now, the CVA increases the statute of limitations for misdemeanor offenses by five (5) years. This means survivors can press charges until they are 25 years old.