Sexual abuse is one of the most traumatizing and harrowing experiences an individual can go through. When the abused is a minor or is incapacitated in some way, the negative effects can be even more damaging. Such a breach of trust on the part of a former caregiver, family member, teacher, coach, or religious figure (for example) can engrain life-altering, permanent psychological, emotional, and physical suffering.
If you or a loved one have experienced an instance of sexual abuse, contact a New York sexual abuse victims’ attorney immediately. Seeking financial compensation for the harm you have experienced can be a rewarding and integral component of your personal healing process. Even if the abuser is not sentenced to a criminal conviction, it can still empower you to see them held publicly and financially responsible for their wrongdoing.
We understand that no amount of money can fully negate the debilitating impact of such an awful experience. However, many victims of sexual abuse have reported that filing a lawsuit against their abuser, with the assistance of a skilled and knowledgeable Albany sexual abuse attorney, can positively affect their road to recovery. You are not alone. The dedicated legal team at E. Stewart Jones Hacker Murphy are ready and willing to help you obtain the justice you deserve.
You Are Not Alone
According to research by the National Center for Victims of Crime, approximately 20 percent of adult females and 5 to 10 percent of adult males remember experiencing some form of sexual abuse. However, it is important to note that individuals of any age can be sexually abused. Sexual abuse can occur in many ways. Some actions that may not be considered sexual abuse with an adult would be sexual abuse in the case of a minor. Regardless of the form, all instances of sexual abuse have the potential to drastically impact an individual’s ability to have healthy relationships, experience intimacy, trust authority figures, and be successful at school and work.
The State of New York has a statute of limitations applicable to sexual assault lawsuits that determine how long a person has to file their case. Generally, different categories of claims have different lengths of statutes of limitations, and different time windows are also implemented based on the age of the victim when the alleged abuse occurred. In New York, negligence lawsuits typically have a three-year statute of limitations – meaning that, when an individual is abused, they have three years from the date of the event to file a lawsuit. After that three-year window, the injured party is barred from ever filing a lawsuit related to that incident. For minors, the child has until their 21st birthday to file a case against their abuser. Regardless of the specific facts of your case, it is vital that you contact a trustworthy Albany sexual abuse lawyer, with a proven track record of success, as soon as possible. They can ensure your case is timely and accurately filed.
The New York Child Victims Act: A Second Chance for Victims to Obtain Justice
On February 14, 2019, New York Governor, Andrew Cuomo, signed into law The New York Child Victims Act. The important facet of the new statute affords a one-year period during which victims of child sexual abuse can file civil cases against their alleged perpetrators, regardless of whether the case was previously barred by the applicable statute of limitations. The new law will go into effect on August 14, 2019, and plaintiffs must file their cases prior to August 14, 2020 when the one-year period closes. Additionally, the legislation:
- Allows child sex abuse victims to file a civil case against alleged abusers and institutions that shielded them until the victim turns 55;
- Opens a one-year window for child sexual abuse survivors of any age to submit lawsuits for abuse that occurred even several years ago;
- Revives previously barred actions associated with sexual abuse of minors;
- Grants civil trial preference to these actions;
- Eliminates the notice of claim requirements for these lawsuits when the action is brought against a municipality, the state, or a school district; and
- Requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.
Contact Our Experienced Albany Sexual Abuse Lawyers Today
Prior to making any decision related to such sensitive and personal issues, we advise all survivors of any type of sexual abuse to seek experienced legal counsel. The skilled and trustworthy Albany sexual abuse attorneys of E. Stewart Jones Hacker Murphy are committed to offering compassionate and understanding legal advice. We do this to ensure your rights and interests are protected at every stage of your case. We take pride in our zealous advocacy on behalf of our clients and will work tirelessly in order to achieve the best possible outcome in each and every case. Contact us today for a free case evaluation and to learn more about how we can address all of your legal needs and questions.