New York Child Victims Act

Seeking Justice for Child Sexual Abuse

Sexual abuse of a child is the most horrifying act that can result in permanent mental and emotional damage for the child survivor. It may take years or decades before the child sexual assault survivor can fight back the overwhelming emotions of painful anguish, anger, and shame. If you or someone you love is a survivor of child sexual assault, the top-rated New York Child Victims Act attorney Michael S. Lamonsoff, Esq. can help you seek justice and recover financial damages.

What Did the Child Victims Act Do?

Encouraged survivors to file a claim for money damages not just against their abusers, but also against any public and private institutions that could have prevented the abuse and failed to do so.
Provided survivors of child sexual abuse with a one-year, one-time-only period in which to bring a civil action regardless of how long ago the child sexual abuse occurred or how old they currently were. The one-year period ended on August 13th, 2021.
Extended New York’s statutes of limitations for survivors of child sexual abuse.
Gave survivors until their 28th birthday to bring criminal charges against their sexual abusers.
Allowed survivors to bring civil action any time before they turn 55.

The “Child Victims Act” (CVA) 2024 Update: What Now?

Even though the one-year "lookback" window for filing claims under the Child Victims Act ended on August 14th, 2021, some changes made to the statute of limitations for both criminal and civil cases involving survivors of child sexual abuse were made permanent. It means if someone suffered any kind of sexual criminal act, they can still:

File a personal injury lawsuit against their abuser(s) or a liable third party (like a church or school) until they are 55 years old. This extension applies to all claims that have not already expired under the old statute of limitations, which was one to five years starting after the survivor turned 18.
File misdemeanor charges until they are 25 years old, increasing the statute by 5 years.
Press felony charges on the abuser until they (the victim) are 28 years old. Previously, this statute would expire once the survivor turned 23.

Child survivors of sexual assault may not understand what they have been through. They suffer in silence and may even blame themselves. They don’t have the capacity and experience to understand that they have done nothing wrong. Many times, they don’t even tell their parents for fear of getting punished. Additionally, adult sexual abuse survivors often feel ashamed and at fault for the sexual assault and don’t report what has happened to them.

Michael S. Lamonsoff

Seeking Justice Beyond the CVA Window

If you are currently pursuing a case under the Child Victims Act, you deserve a lawyer who is not just going through the motions. You need someone who will fight for you as if it's their own battle. That's what we do at the Law Offices of Michael S. Lamonsoff. Michael has been in the trenches of New York’s legal system, fighting tooth and nail for his clients. His nickname, “The Bull,” is not just for show; it has been earned with a relentless determination and a no-nonsense approach.

We never sugarcoat it – legal battles are tough. But each one of our attorneys, including Michael, has spent their career making sure that those who have been wronged (children and adults alike) get the justice they deserve. With over 150 years of combined experience and having secured over $500 million for our clients, we have seen it all and fought every fight.

Your case is important, and if it’s not being taken seriously, that needs to change ASAP. If you decide to work with us, know that you are choosing a team that is ALL IN. Switching lawyers is a big step, but sometimes, for the sake of your future, it is a necessary one. Call 212-962-1020 or fill out this form to schedule your 100% free and discreet consultation today.

Background of New York Child Victims Act

What makes child sexual abuse distinct is that the perpetrator often has the ability to frighten, coerce, or threaten the child against reporting the incident. This more commonly occurs in cases, where the sexual predator (such as a family member, teacher, clergy member, staff at a foster care home) knows the child.

Even when the assaulter is unknown, a child survivor may still not disclose the abuse because of their inherent lack of power and awareness as a minor. In this situation, statutes of limitation typically create an insurmountable hurdle to the survivors seeking justice through legal action when they grow up.

Child Victims Act of New York Brings the Much-Needed Change

The passage of the New York Child Victims Act on February 14th, 2019 finally became the much-needed step to protect the rights of people who have suffered sexual abuse as a child survivor, and wish to seek justice years or decades later.

Removing the previous statute of limitations, which barred the survivors of child sexual abuse from filing a claim against the perpetrator once the survivor turned 23 years old, the Child Victims Act of New York allows the survivors who suffered abuse as a child to file a civil lawsuit for damages against the wrongdoer until the survivor's 55th birthday. Our sexual abuse lawyers are working hard to help these survivors receive justice.

List of Eligible Crimes Under New York Child Victims Act

The list of eligible crimes under NY Child Victims Act, as per Article 130, is as follows:

Sexual Misconduct, Penal Law Section 130.20
Rape in the Third Degree, Penal Law Section 130.25
Rape in the Second Degree, Penal Law Section 130.30
Rape in the First Degree, Penal Law Section 130.35
Criminal Sexual Act in the Third Degree, Penal Law Section 130.40
Criminal Sexual Act in the Second Degree, Penal Law Section 130.45
Criminal Sexual Act in the First Degree, Penal Law Section 130.50
Forcible Touching, Penal Law Section 130.52
Persistent Sexual Abuse, Penal Law Section 130.52
Sexual Abuse in the Third Degree, Penal Law Section 130.55
Sexual Abuse in the Second Degree, Penal Law Section 130.60
Sexual Abuse in the First Degree, Penal Law Section 130.65
Aggravated Sexual Abuse in the Fourth Degree, Penal Law Section 130.65-a
Aggravated Sexual Abuse in the Third Degree, Penal Law Section 130.66
Aggravated Sexual Abuse in the Second Degree, Penal Law Section 130.67
Aggravated Sexual Abuse in the First Degree, Penal Law Section 130.70
Course of Conduct Against a Child in the First Degree, Penal Law Section 130.75
Course of Conduct Against a Child in the Second Degree, Penal Law Section 130.80
Female Genital Mutilation, Penal Law Section 130.85
Facilitating a Sex Offense With a Controlled Substance, Penal Law Section 130.90
Incest in the Third Degree, Penal Law Section 255.25
Incest in the Second Degree, Penal Law Section 255.26
Incest in the First Degree, Penal Law Section 255.27
Use of a Child in a Sexual Performance, Penal Law Section 263.05

Compensation for Survivors of Child Sexual Abuse - Contact a Sexual Abuse Attorney in New York City

Experienced sexual abuse attorney Michael S. Lamonsoff, Esq. understands that for a survivor of child sexual abuse, the trauma goes much beyond physical injury. The psychological and emotional damage can leave the child scarred for life. Attorney “The Bull” Michael Lamonsoff will leave no stone unturned to present a compelling case for maximum compensation before the judge and jury to help the survivor achieve their rightful financial recovery for the injustice they have suffered.

Compensation in these cases may include all past, present and future medical expenses related to the survivor's physical, emotional and psychological injuries, hospitalization costs, nursing care, physical therapy, psychological counseling, medical devices, medications, domestic services, as well as pain and suffering. Punitive damages are also fairly common in child sexual abuse cases, if the attorney can prove that the sexual perpetrator’s actions were particularly egregious.

FAQ

What is the Child Victims Act in New York?

Prior to the passage of the NY Child Victims Act, most survivors of child sexual abuse in New York were required to file a civil lawsuit against the defendant only up to the age of 23. Following the passage of this Act in 2019, the statue of limitations for filing a civil action has been substantially extended. Now a civil lawsuit for compensation against the perpetrator of child sexual abuse can be filed until the survivor attains the age of 55.

Can organizations be held liable under NY Child Victims Act?

Yes, any institution that works with children and had hired a child sexual abuser as an employee or volunteer might be held liable. Examples of these organizations include private and public schools, churches, day care centers, and the Boy Scouts.

Which types of claims may be filed under the Child Victims Act?

Under the Child Victims Act, any type of claim that occurs due to injuries resulting from a sexual offense committed against a child (or minor) can be filed. The offense may arise by way of intentional tort, ordinary negligence, negligent hiring, and negligent supervision.

Why should you hire a highly rated sexual abuse attorney like Michael S. Lamonsoff, Esq.?

While the Child Victims Act has significantly extended the statute of limitations, making it possible for many more survivors to sue for compensation, it does not reduce the burden of proof that a survivor is required to meet in order to win compensation. Aggressive yet compassionate sexual abuse attorney “The Bull” Michael S. Lamonsoff has the skills, experience, and resources to build a powerful case to convince the judge and jury about the merits of the survivor’s case. It is best for the survivors to hire attorney Michael Lamonsoff as their lawyer in New York and utilize the rights that the new law affords to them to obtain the maximum compensation they rightfully deserve.

Catholic Church’s History of Opposition to The Child Victims Act

The flood of civil lawsuits in New York that followed the passage of the Child Victims Act surprised even the most astute legal analysts. Thousands of survivors of child sexual assault sued churches, members of clergy, and other church staff for either committing child abuse or enabling it actively or indirectly by turning a blind eye to the incidents.

Several of New York’s Roman Catholic dioceses filed for bankruptcy following the deluge of litigation against religious institutions that occurred after the Child Victims Act was passed. No wonder Roman Catholic Church opposed the passage of this Act for years and made every effort to stall the relaxation of the previous extremely restrictive statute of limitations on the survivors of child sexual assault because the Church is highly vital to American society. Attorney Michael S. Lamonsoff, Esq. is here to ensure justice and closure for survivors.

As the most vocal opponent of the Child Victims Act bill in New York, the Roman Catholic Church claimed that the civil lawsuits alleging child sexual abuse would financially destroy the institution. With that said, after a decade of stalling tactics, the state finally passed the Child Victims Act, giving adequate protection of civil rights to the victims of child abuse.

Who Are The Likely Child Sexual Predators And Who Can be Held Liable?

In a vast majority of cases of child sexual assault, the perpetrator is someone who is related or known to the child, either as a family member, family friend, religious leader, community leader, teacher, or a care provider. In addition to the individual sexual abusers, organizations and institutions that are likely to be held accountable for child sexual abuse include:

Public or Private School
Public or Private Hospitals
Summer Camps
Dance Schools
The Boy or Girl Scouts
Day Care Center
Foster Care Home
Catholic or Mormon Church
Sports Club or League
Youth Organization

Proven and reliable sexual abuse attorney, Michael S. Lamonsoff, Esq., is dedicated to fighting for the cause of child sexual abuse or assault victims and their families. Backed by years of trial experience, strong negotiation skills, and a vast network and resources, attorney Lamonsoff has a track record of successfully taking on powerful institutions, organizations, and individuals to obtain maximum financial compensation for the victims of child sexual assault.

Find a sexual abuse attorney who you can talk to about the abuse

While it is often tough for survivors of violent attacks or injuries to process and communicate their trauma, it can be especially difficult for victims of sexual molestation or abuse to open up about their trauma. And it ultimately may seem unimaginable for the victims abused as children to speak up and face the ones that injured them.

Under these circumstances, sexual abuse survivors need a sexual abuse lawyer who will understand, approach the matter 100% on their side, with no holds barred, and ready to fight for justice. Michael S. Lamonsoff, Esq. is just that attorney.

If you or a loved one have suffered sexual abuse or sexual assault of any kind, the personal injury lawyers in NYC with The Law Offices of Michael S. Lamonsoff, PLLC are ready to discuss your case and explain your options.