The New York Child Victims Act (the "Act") extends the statute of limitations to prosecute sexual abuse against children.
Specifically, the Act is intended to allow individuals who experienced sexual violence as children can seek justice from their attackers as adults. Before the passage of this act, the time frame expired before many child victims were able to come to terms with and report the sex crimes against them.
The New York Bar reports that, "[The Act] extends the statute of limitations for a survivor of child sexual abuse in criminal and civil cases in New York. This means there is now more time for a survivor of child sexual abuse to press criminal charges. And, in civil cases, the CVA extends the period of time during which a survivor of child sexual abuse can file a claim for money damages. The CVA also allows claims to be filed against institutions that may have been involved in the abuse. Judges will also receive special training in dealing with cases involving child sexual abuse."
Statute of Limitations Change Under the Act
Victims are now able to bring criminal charges up to his or her 28th birthday, and victims can bring civil claims up to age 55. The Act itself does not create a new cause of action, rather, it extends the statute of limitations for child abuse-related torts and crimes.
New York’s Child Victims Act Intent
The Act allows true victims of child sex abuse in New York to go after her and his abusers, and the institutions that ought to have protected victims from abusers.
In the age of the “me too,” movement, the paradigm has shifted from allegations of rape and sexual misconduct from being swept under the rug, and ignored, to literally everyone being believed. While no child abuse should ever be condoned, and this sweeping change was needed for true victims, it allows opportunists to take advantage—leaving good and innocent people accused of sordid sexual abuse that never took place, decades after such abuse occurred. Large plaintiff law firms have flooded the New York State Court system with these claims.
I’ve been served with a Civil Complaint alleging violations of New York
Child Victims Act, What Should I do Now?
Pick up the phone and make contact with an attorney. Of course, you are going to be upset, you’ll feel attacked, guilty, worried about your family and your reputation. These are all-natural feelings.
Protecting your reputation and family is important to me. Reach out to legal counsel such as myself, or any other, and make sure that you’re a good fit for the attorney. The sooner you retain legal counsel to confront the allegations, the better. Work with your team to develop the details of the case. Oftentimes, the allegations blow my clients away, as they are untrue. However, we work together as a team to address the issue and confront it head-on.
Will you Judge me for Being Accused?
I treat my clients with the dignity and respect he and she deserves. Anyone can accuse anyone of anything. The fact you’ve been accused of abuse does not make you a bad person. You’ll always find dignity and respect through each and every encounter. You'll also find an office dedicated to turning over every rock, searching every corner, to defend you against the false allegations that you are being accused of. We are always on your side.
What are my Defenses?
Each case is heavily fact-driven. There is not a one size fits all approach. We will carefully go through the allegations and juxtapose those with the facts. Only then can we determine which direction to take the case, and what defenses you have. It may be that we will be able to successfully dismiss the claims without going to trial.
Thinking smart, creative, and outside of the box is key during this time. I vigorously defendant my clients, with knowledge and compassion from start to finish, without fail, every time. Achieving a positive outcome from my client is extremely important to me. My office pulls all the stops out on vigorously defending you against allegations that you violated New York’s Child Victims Act. My office also works closely with a former assistant district attorney to assist in evaluating the evidence and defenses needed to prevail against allegations that you abused another as defined under the New York Child Victims Act.
What is This Going to Cost Me?
Litigation is not a cheap endeavor. However, my office works with our clients and develops a flat fee—so that you are not burdened by monthly legal bills and you know where you stand. I pride myself on being an extremely affordable attorney who is assessable to my clients. Generally, a defense can be mounted for around $5 thousand dollars flat. However, depending on the complexities of the case it can easily cost nearly $20 thousand. Only after a comprehensive case evaluation will my office, or any office, be able to provide you with an accurate flat fee. With a flat fee, you'll not have to deal with incredible monthly attorney’s fees, and you'll know where you stand.
Confronting this issue head-on is not comfortable, but necessary.
Reach out to the Law Office of Victor M Feraru, and speak to Victor about your situation today. You may reach him at the number listed above. Your conversation, and matter, are always kept in strict confidence.
You may reach Victor by 1-516-415-2114, or by email at email@example.com