A statute of limitations (SOL) is a law that limits the time to file a lawsuit or prosecute a criminal case. It is the legal way of saying “you snooze, you lose.” The NY Child Victims Act creates a whole new set of SOL for both criminal cases and civil childhood sexual abuse cases brought in the future.
The Act also provides a special SOL exception to survivors of childhood sexual abuse. It allows for a one year “look back” period for anyone who has been a victim of childhood sexual abuse to file a civil claim, regardless of when the abuse occurred.
These changes to the NY SOL for childhood sexual abuse claims are extremely important to understand. If you fail to file your claim within the SOL, your opponent can file a motion to dismiss and have your case dismissed before the court ever gets to underlying facts of your case.
To help people understand the new SOL, we have created a side-by-side comparison between the old SOL for childhood sexual abuse cases and the new SOL under the NY Child Victims Act.
The infographic contained in this post is for information purposes only. Please contact us with any questions about the NY Child Victims Act or to discuss your case in confidence.