When New York State’s Child Victims Act was signed in to law, the statute of limitations that restricted survivors of childhood sexual abuse from pursuing justice against their abusers changed dramatically.
Empowered with new rights under New York State law, adult survivors of childhood sexual abuse are coming forward to seek justice and shine a spotlight on abusers and institutions whose negligence allowed the abuse to occur.
A recent cover story in The Buffalo News discussed the Child Victims Act, the upcoming “look-back window” period, and the story of one abuse victim in particular, Kevin J. Koscielniak.
Barry Covert, a Senior Partner at Lipsitz Green Scime Cambria and the attorney for many adult survivors of childhood sexual abuse, was interviewed for The Buffalo News’ recent story. Mr. Covert discussed how widespread the epidemic of childhood sexual abuse has been in Western New York and his experiences with the process of representing survivors who were abused by catholic priests in the Buffalo Diocese before the Child Victims Act became a law.
Child Victims Act Look-Back Window
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.
Proposed Child Abuse Reporting Expansion (CARE) Act Requires Clergy to Report Child Abuse in New York State
New York State Assemblywoman Monica Wallace was joined by attorney Barry N. Covert and law professor Christine Bartholomew to introduce the Child Abuse Reporting Expansion (CARE) Act. The proposed law would require all members of the clergy, including Catholic Priests, to report child abuse in New York State.
Under New York State law, an extensive list of professionals are on a “mandatory reporters” list, which requires individuals in those professions to report any suspected cases of child abuse to the proper authorities. Clergy are not included on this list of mandatory reporters. In addition, New York State’s current law includes a “clergy privilege”, which exempts clergy from reporting anything they hear in the course of a confession.
The CARE Act would add clergy to the mandatory reporters list and allow the “clergy privilege” exemption to stay in place for all cases except in any matters involving child abuse.
As a follow-up to the Child Victims Act, the CARE at seeks to close loopholes that still exist in New York State law, which might protect abusers and keep victims of child abuse at risk.
More…
WBEN News Radio Interview Barry Covert on The Child Victims Act
Attorney Barry Covert was interviewed by WBEN News Radio 930’s Tom Puckett to discuss details of New York State’s Child Victims Act.
Barry Covert represents survivors of childhood sexual abuse and has worked with state lawmakers on legislation related to sexual abuse.
Click the player below to hear details on the Child Victims Act including:
- How the Child Victims Act changes the statute of limitations for survivors of childhood sexual abuse to pursue justice against their abuser and institutions whose negligence allowed the abuse to occur
- Dates and deadlines for the Child Victim Act’s “Look-Back Window” provision, which is a 12 month period with essentially no statute of limitations
- The vast list of institutions where childhood sexual abuse has occurred
- The importance of validation and empowerment, which the Child Victims Act will provide to many sexual abuse victims for the first time in New York State
For more information on the Child Victims Act and the legal rights of adult survivors of childhood sexual abuse, click here to contact Barry Covert via e-mail or call 716-849-1333, ext. 365.