Wednesday marked the start of a one-year litigation window in New York allowing people to file civil lawsuits that had previously been barred by the state’s statute of limitations, which was one of the nation’s most restrictive before lawmakers relaxed it this year.
Hundreds, likely thousands of lawsuits were expected to be filed on the first day.
“This is a momentous time for courageous survivors who have waited so long for justice in New York,” said Jeff Anderson, an attorney whose firm, New York-based Jeff Anderson & Associates, plans to file hundreds of civil molestation lawsuits Wednesday on behalf of clients.
Institutions that have long cared for children — such as the Catholic Church and the Boy Scouts, as well as private and public schools and hospitals — are girding for what could be a devastating financial blow. A similar law passed in 2002 in California resulted in Catholic dioceses there paying $1.2 billion in legal settlements.
The law creating the litigation window — the Child Victims Act — passed earlier this year following more than a decade of debate in Albany. The law also extends the statute of limitations for molestation going forward, giving new victims until age 55 to file lawsuits and until age 28 to seek criminal charges, compared to 23 under the old statute.
The one-year litigation window for past claims that was barred by the statute of limitations had been the sticking point to getting the legislation approved. Major institutions such as the Catholic Church argued against it, warning that it could cause catastrophic financial harm to any organization that cares for children.
The church dropped its opposition to the bill this year, after Democrats won control of the state Senate from Republican lawmakers who had been blocking the bill from receiving a vote. With Democrats in charge of the chamber, the bill passed unanimously.
Advocates, mental health experts and victims themselves say it often takes years for people who were molested as children to speak out about their trauma, even to a loved one. Sometimes victims say they didn’t think they’d be believed if they accused their priest, teacher, scoutmaster or another respected adult. Sometimes they say they felt some responsibility for the abuse, even though they were children at the time. Others say the shame, embarrassment and fear were simply too much to overcome.
(AP)
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2 Responses
While this sort of suit is dubious legally, especially if the accuser is claiming damages without having to offer real proof, and the person accused is often dead (and the employer is the one paying the damages), it does provide an excellent source of parnassah for many lawyers, and after all, what good is legal system if it isn’t providing a livlihood for the members of the bar.
To akupermafrost: There are serious problems involving sex abuse of children, and the current suspension of the statute of limitations is an attempt to address it. I personally believe that the primary – but not only – form of protection of children is very high vigilance by parents. A second is a rigid set of rules controlling contact between adults and children in schools and other places where adults have custody of other people’s children. Open doors and witnesses would go a long way to protecting children from predatory adults.
As for parnassah for lawyers, the US legal system, it has wrestled for many years to assure that potential plaintiffs have a way of compensating their lawyers, and the current system is the result of careful thought and litigation. There are legitimate criticisms of the current system, but all you have to offer are snears and facetiousness that represents little more than gut reactions.