Sexual Abuse Lawyers in Buffalo, NY

The trauma of childhood sexual abuse causes physical and mental health issues that damage every aspect of a victim’s life. Survivors of abuse suffer innumerable consequences including long-term depression, drug addiction, and an inability to sustain employment. Despite its destructive impact, the epidemic of childhood sexual abuse was neglected for decades.

In New York State; symptoms of abuse were not recognized, victims’ claims of abuse were not validated, resources for victims’ recovery were not made readily available, and the statute of limitations restricted victims from holding their abusers accountable. Fortunately, through the perseverance of abuse survivors and their supporters; victims of childhood sexual abuse are now getting the attention and opportunity to seek justice they deserve.

The Child Victims Act

A major milestone in the movement for childhood sexual abuse survivors’ rights came in February 2019, when New York State enacted the Child Victims Act into law. The Child Victims Act significantly extends the statute of limitations for adult survivors of childhood sexual abuse to pursue criminal charges as well as a civil lawsuit against their abuser(s) and any institutions whose negligence allowed the abuse to occur. Click on the following links to learn details about the Child Victim’s Act regarding: the expanded Statute of Limitations, the one year Look-Back Window, Public and Private Institutions that victims can sue, New York State Law Definitions of Abuse the are referenced in the legislation, and more.

Validation, Compensation, and Justice

Lipsitz Green Scime Cambria aggressively pursues justice on behalf of victims of childhood sexual abuse. The firm’s experienced trial attorneys are passionately invested in ensuring clients receive the validation and compensation they deserve for all they have endured and lost.

Lipsitz Green Scime Cambria has been a long standing advocate for adult survivors of childhood sexual abuse. Attorney Barry Covert worked with state lawmakers regarding the Child Victims Act. The firm continues to work with legislators on closing loopholes in order to prevent future abuse and ensure abusers are held accountable.

The Child Victims Act empowers adult survivors of childhood sexual abuse to hold their abusers and responsible institutions accountable. Lipsitz Green is dedicated to making certain that clients leverage that empowerment to secure the resources, guidance, and compensation needed to work towards recovery from their abuse.

Free Confidential Case Review

Survivors of childhood sexual abuse can contact Lipsitz Green Scime Cambria for a free confidential case review. Victims of abuse can feel assured there will be no disclosure of the consultation and Lipsitz Green will only move forward on a case with a client’s consent. Lipsitz Green currently represents nearly 50 adult survivors of sexual abuse. The firm is pursuing justice for clients under the Child Victims Act against individual abusers and several institutions including the catholic church, public schools, private schools, private childcare facilities, New York State run facilities, and others. Prior to the Child Victims Act, Lipsitz Green also represented clients in matters involving the Catholic Diocese of Buffalo’s IRCP, a program established to compensate victims who were abused by clergy in the Diocese of Buffalo. Click here to contact Lipsitz Green Scime Cambria via e-mail or call 716 849 1333 at any time.

The following is additional information regarding childhood sexual abuse, it’s impact on victims, details on the Child Victims Act, and legal analysis on media reports regarding childhood sexual abuse.

About Childhood Sexual Abuse

What constitutes sexual abuse?

The definition of childhood sexual abuse has varied in different studies over the years. The World Health Organization defined child sex abuse as sexual activity “between a child and an adult or another child who by age or development is in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person.” A 2013 report presented to the Centre for Child Protection broadly defines child sexual abuse as “any sexual activity perpetrated against a minor by threat, force, intimidation, or manipulation. Sexual activities include fondling, inviting a child to touch or be touched sexually, intercourse, rape, incest, sodomy, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber-predators.”

How common is childhood sexual abuse?

Victims of childhood sexual abuse are often not able to externalize or understand the abuse that has occurred until several years after they were abused. Consequently, it is challenging for researchers and support groups to have an accurate assessment of how prevalent occurrences of childhood sexual abuse are. A 2011 report, The Long-Term Effects of Childhood Sexual Abuse: Counseling Implications, cites a study that showed 28% to 33% of women and 12% to 18% of men were victims of childhood or adolescent sexual abuse (Roland, 2002).

What impact does childhood sexual abuse have on victims?

Childhood sexual abuse has a lifelong impact on a victim’s psychological and physical well-being. The health issues caused by childhood sexual abuse can infiltrate every facet of a victim’s life. The following are some of the psychological and physical health issues correlated to childhood sexual abuse.

Psychological Issues

The trauma of childhood sexual abuse results in several consequences to psychological health. Some of the psychological health issues victims suffer as a result of childhood sexual abuse are:

  • Anxiety
  • Depression
  • Diminished self esteem
  • Dysfunction relationships
  • Eating Disorders
  • PTSD

Physical Issue

In “Long-term health outcomes of childhood sexual abuse”, Drs. Debra Rose Wilson and Mariesa R. Severson report that trauma in early childhood predisposes individuals to autoimmune diseases later in life. Autoimmune disease that survivors of childhood sexual abuse may suffer from include:

  • Fibromyalgia
  • Crohn’s disease
  • Irritable bowel syndrome
  • Rheumatoid arthritis
  • Type 1 diabetes

Additional physical health issues adult survivors of sexual abuse face later in life as a result of abuse include:

  • Cardiac disease
  • Lung disease
  • Ulcers

Child Victims Act FAQs

Important Dates

When was the Child Victims Act passed by the New York State Legislature?
The New York State Senate and New York State Assembly passed the Child Victims Act on January 28, 2019. Passage of the bill by both houses of New York State’s Legislature marked a significant victory for victims of childhood sexual abuse and advocates who fought for several years to have a version of the legislation passed.

When did the Child Victims Act go into effect as law in New York State?
Governor Andrew Cuomo signed the Child Victims Act in to law in New York State on February 14, 2019. Once signed in to law, the Child Victims Act immediately amended New York State Criminal Procedure Law, Civil Practice Law and Rules, Judiciary Law, and other statutes related to sexual offenses committed against children. When the Child Victims Act was signed in to law, New York State became the 49th state in the country to extend the statute of limitations for adult survivors of childhood sexual abuse to bring criminal charges and civil claims against their abusers.

Statute of Limitations

Criminal Charges: How does the Child Victims Act change the statute of limitations for survivors of childhood sexual abuse to file criminal charges against their abuser in New York State?
The Child Victims Act extends the statute of limitations from the age of 23 to the age of 28 for child sexual abuse victims to file criminal charges against their abuser(s). Prior to the Child Victims Act being signed in to law, in criminal sexual abuse cases where a statute of limitations applied, the limitation period began when a victim turned eighteen years of age and ran for five years. This meant that from the time an offense was committed, the abuser could have been criminally prosecuted until the victim turned twenty-three. Under the Child Victims Act, however, the five year period does not begin until the victim turns twenty-three years of age.  This means that from the time the offense is committed, the abuser may be criminally prosecuted until the victim turns twenty-eight years of age.

Civil Litigation: How does the Child Victims Act change the statute of limitations for adult survivors of childhood sexual abuse to file a civil lawsuit against their abuser in New York State?
Before the Child Victims Act was enacted, if a survivor of childhood sexual abuse in New York State wanted to file a civil lawsuit against their abuser, they had to do so by their 23rd birthday.  Under the Child Victims Act, that statute has significantly expanded and victims of sexual abuse now have until their 55th birthday to take legal action. In civil lawsuits, the current statute of limitations for victims of negligent sexual abuse is three years, and in the case of certain sexual offenses such as rape in the first degree, the limitation period is five years. The Child Victims Act effectively eliminates these limitation periods for civil claims by allowing victims of childhood sexual abuse to bring suit until the victim turns 55 years of age.

Look-Back Window

If an adult survivors of childhood sexual abuse reached their 55th birthday before the Child Victims Act was signed in to law; do they have any legal options?
Yes, a provision in the Child Victims Act called the Look-Back Window provides an opportunity for survivors of abuse who are over the age of 55 to pursue civil litigation against their abuser and negligent institutions responsible for abuse.

Who can file a civil lawsuit during the Child Victims Act’s Look-Back Window?
Any victim of abuse who was less than eighteen years of age when the abuse occurred may sue their abuser(s) during the one year look-back window.  This means that the age 55 cut-off date does not apply during this one-year period

When does the Child Victims Act’s Look-Back Window begin?
The look-back window begins exactly six months after the Child Victims Act becomes law. The Child Victims Act was signed in to law on February 14, 2019. Therefore, the Look-Back Window begins on August 14, 2019.

How long does the Child Victims Act’s Look-Back Window last and when will it end?
The Child Victims Act states that the Look-Back Window ends one-year and six months after the Child Victims Act becomes law. This allows for the Look-Back Window period to remain in effect for twelve months. Therefore, the Look-Back Window ends on August 14, 2020.

Who can be sued during the Child Victims Act’s Look-Back Window Period?
The Child Victims Act eliminates all Notice of Claim requirements during the one-year window, allowing any institution, including government or municipal entities, schools, churches, day care centers, and others to be sued.  Even if a victim’s claim was previously dismissed for failing to file a notice of claim, it may once again be brought during the one-year window.

Public and Private Institutions

What is a Notice of Claim?
Under New York General Municipal Law § 50-e, a notice of claim must be filed when a civil lawsuit is brought against a government or municipal entity.  The notice of claim provides notice to the government or municipal entity that a lawsuit may be filed for damages, and must be filed within ninety days after the claim arises.  This allows time for the government or municipal entity to investigate the claim.

How does New York State’s Child Victims Act address potential Notice of Claim limitations?
The Child Victims Act completely eliminates the notice of claim requirements.

Based on Notice of Claim provisions in the Child Victims Act; are there any institutions that cannot be sued for negligence that resulted in sexual abuse?
No, the Child Victims Act includes no restrictions and allows victims to file a civil lawsuit against any institution including responsible for abuse including the catholic church, public schools, private schools, day care centers, public child care facilities, boy scouts, athletic clubs, foster care, and others.

New York State Law Definitions of Abuse

What is considered a “Sexual Offense” in New York State?
Article 130 of the New York Penal Law covers most sexual offenses, which include: sexual misconduct, rape, criminal sexual act, forcible touching, sexual abuse, persistent sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, female genital mutilation, facilitating a sex offense with a controlled substances, predatory sexual assault, and predatory sexual assault against a child.  Other acts considered sexual offenses in New York State Law that are not covered by Article 130 include: compelling prostitution, sex trafficking, unlawful surveillance in the first degree, incest, possessing or promoting an obscene sexual performance by a child, possessing or promoting a sexual performance by a child, facilitating a sexual performance by a child with a controlled substance or alcohol, and luring a child.

What is “Incest” according to New York State Law?
A person is guilty of incest in New York State when he or she marries or has sexual relations with a person related to him or her, including a descendant, ancestor, brother, sister (including half-brother or half-sister), uncle, aunt, nephew or niece.

What provisions are in New York State Law regarding use of a child in sexual performance?
Article 263 of the New York Penal law covers use of a child in a sexual performance.  A person is guilty of using a child in a sexual performance if they employ, authorize, or induce a child less than seventeen years of age to take part in sexual conduct that is part of a play, motion picture, photograph, or dance.  It is also a crime to promote or possess a sexual performance by a child less than seventeen years of age.

Can a victim in New York State recover damages for psychological injury suffered as the result of sexual abuse?
In many abuse cases, victims are left with serious and often lifelong psychological damage.  In New York State, a civil tort claim may include damages for non-physical injuries such as pain and suffering, humiliation, mental anguish, and emotional distress.  Because these types of damages do not involve visible, physical injury, they can be difficult to calculate and prove.  It must be shown “by a preponderance of the evidence,” or, in other words, “more likely than not,” that a person suffers from this type of injury.