From the Blog of The Zalkin Law Firm
By Irwin M. Zalkin, Esq
.
"For over a decade, child sexual abuse survivors, survivor advocates
and supporters like our law firm, have been battling against powerful
institutions like the Catholic Church and elements within the Hassidic
Jewish Community and others to amend New York’s archaic child abuse
statute of limitations. That persistence of survivors and their
advocates has finally defeated the Goliath detractors who have helped to
block state legislation year after year that would allow older victims
of child sexual abuse access to civil justice. On January 28th, 2019,
the New York State legislature almost unanimously approved A 2683,
The Child Victims Act, and sent it on to Governor Cuomo for signature.
Under the new law, victims of childhood sexual abuse can now file
civil lawsuits until the age 55. There is also a one-year “look-back
window” in the new law that gives victims with old claims that had
already passed the statute of limitations, the right to sue during that
one year period. In addition, the new law now allows prosecutors to
bring criminal charges until a victim turns 28.
This access to civil justice is long overdue in New York. As early as May 2009, I wrote an article for Huffington Post titled
“States Need to Stop Telling Child Victims They’re SOL” about
the brave efforts of New York Assemblywoman Margaret Markey’s efforts
to pass the “Child Victims Act” at that time. This was at a time when
our law firm was one of the lead firms involved in resolving nearly
1,000 cases against the California Catholic Dioceses for over one
billion dollars, as the result of legislation that was passed in
California in 2003, a law similar to this new, New York law, that
allowed for a one-year window for older victims to be able to file civil
lawsuits for monetary damages as a result of the abuse they suffered as
children.
The
Zalkin Law Firm has
been representing child sexual abuse victims in New York for almost a
decade, despite the obstacles to civil justice presented by the just
changed New York statute of limitations. Finally, ten years after we
began representing victims in the state, there is now a pathway to
justice for our clients who were victims of childhood sexual abuse in
New York, a pathway that has long been open to our clients in California
and other states.
The one year "look back window" in the new Child Victims Act means
that victims who seek justice and compensation through the courts need
to act quickly to secure experienced legal representation. Our firm has
been contacted by many victims and we are already moving ahead with
their cases. We encourage anyone who was a victim of abuse to contact
us at
http://www.zalkin.com/ as soon as possible so that we can evaluate your case and get started on this pathway to justice.
The scourge of child sexual abuse is not limited to the Catholic
Church. Unfortunately, we have been called upon to help victims within
the Jewish, Jehovah’s Witnesses and Orthodox Greek Church
communities. The sexual abuse of children knows few boundaries and is a
national problem within our schools, youth sports organizations, Boy
Scouts, Big Brothers and Sisters and other youth serving
organizations.
As we have learned from our past experiences in California and other
states, when restrictive statutes of limitations are removed or amended,
and the financial burden shifts to where it belongs, on the backs of
the institutions responsible for harboring and protecting pedophiles,
change happens. The New York Child Victim’s Act will undoubtedly help
protect today’s children from institutional predators, and offer justice
and hope to those who have been denied for so long."
https://www.zalkin.com/news/the-new-york-child-victim-s-act-it-s-about-time?fbclid=IwAR3u6-BY8cmPb9sr0gF8oHeU6Db8TMnvGC7yUjIQNH4qesRfR6CI1bjTDVk
Thank you Zalkin Law Firm for all you have done and continue to do!
Sincerely,
The FACT Team
