July 29, 2010
/24-7PressRelease/ -- In the New York State Senate, the bill known as the Child Victims Act was defeated by a majority vote. It was the bill's fifth year in a row on the agenda. The bill proposes a legal window that would allow child abuse victims to file civil actions against predators and responsible institutions after the current statute of limitations has expired.
New York Senator Ruth Hassell-Thompson is a supporter of the bill. "Whether it is adopted this year or next year is less important than reminding victims that there are people out here trying to bring justice for them," she says.
Only California and Delaware have adopted similar legislation, though similar bills have been proposed in 15 states since 2002.
Current Legislation
The California law went into effect at the beginning of 1999. The legislation gives adult survivors of sexual abuse either eight years from the date they reach the age of majority or three years from the date they discover a psychological injury resulting from the abuse to file actions.
The legislation also allows actions to be filed against not only the perpetrators but also other people or institutions that were involved. These institutions or secondary perpetrators can now be held accountable for intentionally ignoring or allowing abuse.
In Delaware, the Child Victims Act passed the State Senate on July 10, 2007. It provides survivors of sexual abuse a two-year window in which to file civil action lawsuits.
The Outcomes for Abuse Victims
In California, the bill's passage in 1999 meant that adults that had suffered sexual abuse in their childhood could file suits against those responsible for that abuse.
The law allows these victims to seek accountability and damages for the cost of past or future therapy, loss of childhood, failure to fulfill full potential in life, and long term emotional damages. Claims can be filed for sexual abuse, assault and battery, unlawful restraint, invasion of privacy and intentional or negligent infliction of emotional stress.
Victims must be forewarned that in civil action cases, all past and current therapy records and medical records will no longer be confidential.
Retaliatory suits against victims for defamation of character are rare but do happen occasionally.
If you have questions about your rights after suffering physical or sexual child abuse, or you have a loved one who has suffered in this way, contact an attorney who is experienced in representing child abuse victims.
Article provided by Corsiglia McMahon & Allard, LLP
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