What to know about New York State's Child Victims Act
A view of St. Agnes Cathedral in Rockville Centre. The Diocese of Rockville Centre declared bankruptcy in 2020 as it faced more than 200 lawsuits under the New York State Child Victim's Act. Credit: Danielle Finkelstein
The lookback window for victims of sexual abuse to file civil lawsuits under New York State’s Child Victims Act will come to an end Friday at midnight.
Here's what you need to know about the law and the looming deadline:
What is the Child Victim's Act?
What is the Child Victim's Act?
The law, which went into effect in August 2019 after being stalled in Albany for more than a decade, lifted the statute of limitations for individuals to pursue claims against their accusers, providing them a window of two years to file civil complaints for abuse that allegedly occurred decades earlier.
The goal of the legislation was to allow childhood sex abuse victims to obtain justice against their abusers — including both public and private institutions — even if the statute of limitations for the alleged crimes had passed.
What else does the bill do?
What else does the bill do?
The Act also extended the statute of limitations for child sexual abuse cases to seek civil claims until the victims turn 55 and allows victims of abuse to seek criminal prosecution against their abuser until the age of 28. The prior age limit was 23.
Will the window for filing claims under the Act be extended?
Will the window for filing claims under the Act be extended?
It does not appear so. The law originally provided a one-year window that allowed civil claims alleging child sexual abuse to be filed through Aug. 14, 2020. Gov. Andrew M. Cuomo first extended the deadline in May 2020, citing the COVID-19 pandemic's impact on the courts, pushing the deadline to Jan. 14, 2021. Cuomo extended the deadline again last year, pushing the window to Aug. 14, 2021.
The governor, who announced his resignation Tuesday after being accused of sexually harassing 11 women, has not shown a willingness to extend the window again.
How many claims have been filed to date under the Child Victims Act in New York State?
How many claims have been filed to date under the Child Victims Act in New York State?
Since the law's passage, 9,241 claims have been filed statewide, including 523 in Nassau and 368 in Suffolk, according to the state’s Office of Court Administration, which tracks the filings. Over the last week alone, 978 new claims have been filed, including 55 in Nassau and 62 in Suffolk, according to OCA data.
What has been the impact to date of the Child Victim's Act on the Roman Catholic Church and the Boy Scouts of America, who have been subject to numerous claims by victims?
What has been the impact to date of the Child Victim's Act on the Roman Catholic Church and the Boy Scouts of America, who have been subject to numerous claims by victims?
The Diocese of Rockville Centre, home to 1.4 million Catholics in the Long Island region, declared bankruptcy in October 2020 as it faced more than 200 lawsuits under the Act.
Rockville Centre is the eighth-largest diocese in the country and is believed to be the largest to file for Chapter 11 reorganization due to payouts from the scandal. In March the diocese sold its Rockville Centre headquarters, a five-story office building, for $5.2 million.
The diocese, which also cited decreased revenue during the coronavirus pandemic, said it expects operations, ministries and Catholic schools to continue without interruption. In New York State, dioceses in Buffalo Rochester and Syracuse also have also filed for bankruptcy.
The Boy Scouts of America filed for bankruptcy as they faced claims of sexual abuse in multiple states, including New York.
In March, Newsday reported that 5,178 sexual abuse lawsuits had been filed statewide against the Boy Scouts of America, its local councils and sponsoring organizations, including more than 350 on Long Island. Some, but not all of the civil lawsuits were filed under the Child Victims Act.
What's the next step for victims of sexual abuse?
What's the next step for victims of sexual abuse?
In June, the Democrat-controlled State Senate unanimously passed the Adult Survivors Act, a companion bill to the Child Victims Act that would create a one-year lookback window for time-barred civil lawsuits, based on sex crimes committed against individuals who were 18 years of age or older. The bill has thus far stalled in the Democrat-controlled State Assembly.
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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