New York Legislature OKs Extension to Child Victims Act 'Look-Back' Window
Supporters of the legislation argue that survivors need more time to bring lawsuits, particularly because of the societal upheaval sparked by the COVID-19 pandemic.
May 28, 2020 at 11:07 AM
3 minute read
New York's Legislature approved a bill late Wednesday that would give survivors of child sex abuse more time file lawsuits over decades-old allegations.
Lawmakers voted to extend the legal "look-back" window outlined in the Child Victims Act by another year, which would push the filing deadline to August 2021.
Supporters of the extension argue that survivors need more time to bring lawsuits, particularly because of the societal upheaval and court disruption sparked by the COVID-19 pandemic.
The CVA opened up a one-year time period to file child sex abuse lawsuits that were usually barred by statutes of limitation, triggering a wave of litigation against youth groups, churches and schools.
Opponents have argued an extension is unnecessary because the act has been highly publicized and the institutions deserve some sort of finality.
The extension bill now heads to Gov. Andrew Cuomo, who earlier this month announced he would extend the "look-back" window by five months to January 2021.
That decision came after lawyers and accusers expressed deep uncertainty over whether a tolling order from Cuomo would have applied to the act's one-year window.
Passage of the extension bill brought quick praise from advocates.
"The COVID-19 pandemic has impacted the ability of survivors of childhood sexual abuse to meet with their attorneys and gather evidence," said Michael Polenberg, vice president of government affairs at Safe Horizon, in a statement. "And it's vitally important that they have enough time to pursue their rights."
Survivors in certain cases may have experienced trouble finding legal representation because a defendant doesn't have institutional resources, he said.
CVA lawsuits have poured into courts recently as the state court system gradually lifted a ban on new nonessential lawsuits.
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