BUFFALO (NY)
WBEN
February 3, 2020
By Mike Baggerman
Victims only have until August 14 to file civil action against abusers
More than 1,300 civil suits have been filed since the one-year look-back window for the Child Victim’s Act took effect last August. Now, there is a push in Albany to extend the window for another year.
The current look-back window for victims to file civil claims on old cases expires on August 14. That means as of that date, past instances of sexual abuse against a minor cannot have any civil litigation, unless it is within the statute of limitations. New instances of abuse can have civil suits brought up to the age of 55.
Extending the Child Victim’s Act look-back window has received near unanimous praise from those who pushed for its original passage. The Catholic Church and insurance companies lobbied against the original bill because of its financial impact on lawsuits and settlements.
“This first year of the CVA window in New York State has been liberating for a lot of survivors of not just clergy abuse but of all kinds of different types of institutional sexual abuse,” James Faluszczak, a survivor of clergy sexual abuse, said. “It takes a little bit of time, especially for those who are maybe unaware of that possibility of seeking discovery or restitution or whatever the goal is, to come to terms with the fact that I might have to talk to someone now. It’s not an easy decision to make.”
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