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HOW THE NEW CHILD VICTIMS ACT HELPS SURVIVORS OF SEXUAL ABUSE HAVE THEIR DAY IN COURT
As attorneys fighting for people marginalized in society, the firm of Dalli & Marino LLP, New York Sexual Abuse Advocates, Attorneys and Lawyers, have an important update on a new legal recourse for survivors of sexual abuse, including children, victims of senior sexual abuse, and all others impacted by these acts. On January 28, 2019, the New York State legislature passed the Child Victims Act, effectively changing the statute of limitations that applies in civil lawsuits filed by survivors of sexual abuse. The Governor signed the legislation and it became the law on February 14, 2019.
WHAT THE NEW SEXUAL ABUSE LEGISLATION MEANS
This legislation allows child sex abuse survivors to sue abusers and the institutions that protected the abusers until the survivor reaches the age of 55 years old. The new law also opened a “look back” window of one year for anyone who was sexually violated or abused to bring a lawsuit no matter how long ago the abuse occurred. This means that victims of childhood sexual abuse whose cases were previously time barred may now sue. If you were sexually abused as a minor, you are free to file a civil lawsuit against an individual or institution right now until the expiration of the one year window. As attorneys representing the abused for decades, we are keenly aware that survivors of sexual abuse can often struggle for many years after the abuse occurs.
Our attorneys understand it’s a difficult topic. But if you have experienced sexual abuse, you are not alone. Darkness To Light, an organization focused on preventing child sexual abuse, estimates that 1 in 10 children will be sexually abused by age 18. With experienced attorneys, you can now do something to take back your power. Serving the New York City Metro area and Long Island, Dalli & Marino can discuss with you how you can gain vindication through the courts today.
SEXUAL ABUSE MORE PREVALENT THAN YOU THINK
The state has prepared for an influx of lawsuits to be filed, designating 45 judges across the state solely for this issue to help expedite these cases. For example, 600 lawsuits in New York State were filed on August 14, the first day of this year-long window, 175 in New York City alone.
Those initial large numbers indicate how prevalent this type of abuse has been. It can happen anywhere there’s a disparity in power when abusers leverage their own higher position to take advantage of someone. Sadly, Darkness To Light reports that an estimated 60% of child sexual abuse victims never tell anyone.
WHAT CAN SURVIVORS EXPECT IF THEY COME FORWARD? WHAT’S THE OVERALL PROCESS?
Survivors would meet directly with Dalli & Marino partner John Dalli, sharing as much as they can about their story. We would then:
- Investigate the situation, such as locating and speaking with any witnesses who could corroborate your story.
- Look to see if your incident was a larger pattern of abuse in an institution or locale.
- Identify the parties who were negligent and/or abusive and file suit.
BRINGING YOUR SEXUAL ABUSE CASE TO COURT IN NEW YORK
If a sexual abuse case goes to court, you have the opportunity to tell your story there. If the alleged perpetrator is alive, he or she must answer questions under oath, under threat of perjury. The typical timeframe for this type of lawsuit takes 2-3 years, but many of these cases could be decided by mediation instead of trials.
Your case is stronger if you have some documented evidence of the past abuse such as if you ever confided with a teacher, a physician or friend. However, nobody talked about this taboo topic until recent years. It’s understood that this may be the first time that you’ve spoken about your experience.
If you only have your testimony, it doesn’t mean you don’t have a case. You have a right to a trial by a jury who will determine if your story is truthful and who is ultimately responsible under the law.
HOW THE NEW YORK SEXUAL ABUSE ATTORNEYS AT DALLI & MARINO CAN HELP YOU
Dalli & Marino is a small firm dedicated to representing marginalized sections of society, including children and the elderly. For example, we’ve settled numerous sexual abuse cases in the hundreds of thousands of dollars for elderly residents of nursing homes as part of our overall practice fighting nursing home neglect. We have also gained deep expertise as New York Sexual Abuse Advocates, Attorneys and Lawyers.
Our mission since 1995, for those in the New York Metro area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Long Island, and Westchester and Rockland Counties, has been to fight for those who can’t fight for themselves:
- We understand all of the issues around abuse and its impact
- We’ve seen how institutions such as schools, hospitals and nursing facilities have used their power to avoid their responsibilities
- We know how to hold them accountable for ignoring these crimes and prioritizing their reputations above children’s safety
We also realize how difficult it is to talk about sexual abuse and the complicated emotions around it. Perpetrators count on that emotional struggle, even encouraging it in their victims to prevent them from telling anyone. But it’s a weight that survivors carry around for years, and it’s not fair. By representing you, we can help relieve that stress and bring justice to abusers.
Dalli & Marino, LLP will stand by you throughout the process. Take back your power by calling us today at 1-718-587-0136 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.
