Assemblywoman Linda Rosenthal, is joined by actor Corey Feldman in the New York State Capitol in 2018 to call for passage of the Child Victims Act. Now that it was passed and signed, advocates want to extend the deadline for filing lawsuits for some victims because the state’s courts have been closed due to the COVID-19 outbreak.
With court services reduced to essential proceedings online for the duration of the COVID-19 pandemic, Gov. Andrew Cuomo announced that the window for childhood sexual abuse victims to file a claim will be extended to January 14.
The New York Child Victims Act (CVA) went into effect on Aug. 14, 2019. The law extended the statute of limitations for childhood sexual abuse survivors to file civil claims against their abuser and any institutions that enabled the abuse until they were 55 years old.
The law included a one-year period where people could file their claims at any age, which was set to expire this year on August 14. Because of the governor’s recent actions, this “lookback” period has now been extended five months, so victims have more time to access the courts.
“Justice too long delayed is justice denied,” Cuomo said, quoting Martin Luther King, Jr. “We will extend that window for people to bring their case.”
Abuse victims and their advocates were relieved upon news of the extension, but some believe the window is still not long enough. Assemblywoman Linda Rosenthal, D-Manhattan, sponsor of the Child Victims Act, is calling for the passage of her legislation (A.9036) that would extend the lookback period from one year to two.
“Even with this new order, advocates still need more time,” Rosenthal said. “New York’s one-year window is still shorter than most other states, and after years of suffering in silence, survivors deserve more time.”
Sen. Brad Hoylman, D-Manhattan, the Senate sponsor of the legislation (S.7082), echoed this sentiment.
“In 35 of New York’s 63 counties, there have been four or fewer CVA suits filed; in 13 counties there have been zero CVA lawsuits at all,” Hoylman said. “That’s not because child sex abuse is coincidentally less prevalent in certain counties — it’s because survivors haven’t come forward yet. They need more time.”
Hoylman added that with unemployment rates spiking, many victims do not have the time or resources to file suits, and are more preoccupied with trying to afford groceries and pay rent.
Safe Horizon, a nonprofit victim services organization, also urged passage of this extension bill.
“The state Legislature must now return to remote session and extend the lookback window for another full year,” said Michael Polenberg, vice president of Government Affairs at Safe Horizon. “Other states like New Jersey and North Carolina, and California are in the midst of two- and three-year lookback windows respectively.”
Gary Greenberg, a childhood sexual abuse survivor and longtime advocate for the rights of child victims, called the governor’s extension until January 14 “a historic moment in rights for victims of child sexual abuse in New York state.”
However, the businessman running for New York State Senate also acknowledged there is more to be done, promoting passage of the Adult Survivors Act (S.6810/A.8726), which would create a similar lookback period for victims who were 18 or older when they experienced sexual assault or abuse. Greenberg also advocated for the establishment of a fund for victims who do not have the resources to file a claim.
Overall, advocates agree that victims need more time and resources to access the courts and receive justice for their abuse, particularly now, in the midst of the nation’s public health and economic crises.
“If anyone understands the pain of physical and emotional isolation, it is survivors of childhood sexual assault,” Rosenthal said. “We have a responsibility to do whatever we can to help survivors get justice and protect everyone against predators.”
