{"id":8179,"date":"2020-06-02T12:26:38","date_gmt":"2020-06-02T16:26:38","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/coronavirus-extends-deadlines-in-child-sexual-abuse-cases\/"},"modified":"2020-06-02T12:26:38","modified_gmt":"2020-06-02T16:26:38","slug":"coronavirus-extends-deadlines-in-child-sexual-abuse-cases","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/coronavirus-extends-deadlines-in-child-sexual-abuse-cases\/","title":{"rendered":"Coronavirus Extends Deadlines in Child Sexual Abuse Cases"},"content":{"rendered":"<p>New York Governor Andrew Cuomo already made headlines by approving a sweeping child sexual abuse law which could provide relief to thousands of victims.<\/p>\n<p>Cuomo made headlines again by further extending deadlines \u201cto ensure that COVID-19 does not stand in the way of justice.\u201d<\/p>\n<p>Specifically, the order extended the lookback period to <u><a href=\"https:\/\/www.newsday.com\/news\/health\/coronavirus\/child-victims-act-extension-1.44472107?user=5c2ce3a26780891b69411019&amp;utm_source=newsletter&amp;utm_medium=email&amp;utm_campaign=Morning-Update\" target=\"_blank\" rel=\"noopener\">January 14, 2021<\/a><\/u>. Assemb. Linda Rosenthal (D-Manhattan) applauded Cuomo\u2019s act.<\/p>\n<p>She noted that \u201cmany people have yet to come forward.\u201d<\/p>\n<p>These victims need more time because \u201cthey are just starting to deal with it emotionally, and finding an attorney, and finding paperwork and just coming to terms,\u201d she added.<\/p>\n<p>Cuomo\u2019s order helps ensure that the March 2020 New York on PAUSE Act will not adversely affect victims.<\/p>\n<h2>Sex Abuse and COVID-19<\/h2>\n<p>Rosenthal, Cuomo, and others are concerned that the coronavirus pandemic might increase the number of child sexual assaults.<\/p>\n<p>Since children are not in school, many abusers believe they are less likely to get caught.<\/p>\n<p>Indeed, these reports dropped by about <u><a href=\"https:\/\/www.newsday.com\/long-island\/child-abuse-mandated-reporter-families-1.44612999?user=5c2ce3a26780891b69411019&amp;utm_source=newsletter&amp;utm_medium=email&amp;utm_campaign=Corona%20Virus\" target=\"_blank\" rel=\"noopener\">40 percent<\/a><\/u> in Suffolk and Nassau Counties in March and April 2020.<\/p>\n<p>The economic and emotional strain of stay-at-home orders might cause some people to lash out.<\/p>\n<p>Traditionally, abuse worsens during economic downturns. \u201cIt\u2019s the perfect storm for child abuse because we have this high-stress environment but we don\u2019t have as many services being provided to children,\u201d opined Safe Center of Long Island Director Keith Scott.<\/p>\n<h2>Why We Pursue Sex Trafficking\/Sex Abuse Claims<\/h2>\n<p>The Constitution bans human trafficking and slavery, but pandemic or not, these problems are much more widespread now than they were in the Civil War.<\/p>\n<p><a class=\"wpil_keyword_link\" href=\"https:\/\/www.napolilaw.lemonadestand.org\/en\/practice-areas\/sex-trafficking-attorneys\/\" title=\"Sex trafficking\" data-wpil-keyword-link=\"linked\" data-wpil-monitor-id=\"54\">Sex trafficking<\/a> is clearly against the law in New York, and these laws include some very harsh penalties. Furthermore, many New Yorkers are anxious to enforce these laws.<\/p>\n<p>However, prosecutors cannot move forward without a complaining witness.<\/p>\n<p>Frequently, these individuals are reluctant to come forward.<\/p>\n<p>Perhaps they had a bad experience with law enforcement somewhere along the line, or perhaps they have legal issues of their own, such as outstanding warrants or immigration problems.<\/p>\n<p>Additionally, these investigations often rely on confidential informants.<\/p>\n<p>It\u2019s not easy for these people to risk life and limb so they can involve police investigators whom they may not necessarily trust.<\/p>\n<p>Sex abuse claims have similar issues.<\/p>\n<p>A number of laws, such as the Violence Against Women Act, the Trafficking Victims Protection Act, and the Stop Enabling Sex Traffickers Act, are on the books.<\/p>\n<p>But these laws often provide limited victim assistance. Additionally, overwhelmed federal law enforcement and prosecutorial authorities cannot possibly handle all these cases.<\/p>\n<p>So, New York personal injury lawyers play a <u><a href=\"https:\/\/issuu.com\/napolishkolnik\/docs\/nylj02192020440492napoli\" target=\"_blank\" rel=\"noopener\">critical role<\/a><\/u> in this process.<\/p>\n<p>Attorneys use a variety of approaches to uphold victims\u2019 rights and, more importantly, obtain the compensation they need to put their lives back together.<\/p>\n<p>Lawyers also lobby for stronger and more comprehensive laws that give law enforcement more tools and keep the conversation going.<\/p>\n<h2>Breaking Down Child Sexual Abuse Claims in New York<\/h2>\n<p>The aforementioned Child Victims Act was a major leap forward for all sex abuse victims in general, and organizational sexual abuse victims in general. Some key provisions of this law include:<\/p>\n<ul>\n<li>Extending the statute of limitations in criminal cases from age 18 to age 23, and extending the civil statute of limitations from age 23 to age 55,<\/li>\n<li>Creating a one-year lookback period for victims to bring claims, if the statute of limitations has expired,<\/li>\n<li>Lengthening the statute of limitations in related claims, such as negligent supervision and intentional torts liek assault, giving child sex abuse survivors additional legal options, and<\/li>\n<li>Doing away with the notice of claim hurdle in child sex abuse claims against governmental organizations.<\/li>\n<\/ul>\n<p>Many defendants challenge the constitutionality of this law, but the <u><a href=\"\/wp-content\/uploads\/3-8-19-NYLJ-Child-Victims-Act-Is-a-Step-Toward-Healing-1.pdf\">great weight of authority<\/a><\/u> indicates it is a valid law.<\/p>\n<h2>COVID-19 and the Statute of Limitations<\/h2>\n<p>Coronavirus affects every aspect of our lives, and not just sex abuse claims.<\/p>\n<p>So, the statute of limitations extensions have affected other areas of the law.<\/p>\n<p>Normally, the statute of limitations in an accident, injury, or other tort claim is two years. If the victim does not file a legal claim before then, the victim might lose any right to recovery.<\/p>\n<p>Two years sounds like a large window in a <u><a href=\"\/practice-areas\/personal-injury\/\">personal injury claim<\/a><\/u>, but the time passes very quickly.<\/p>\n<p>New York personal injury attorneys must diligently investigate the facts and research the law to build a claim. Furthermore, insurance companies are very adept at dragging their feet.<\/p>\n<p>In March 2020, while the coronavirus crisis was still developing, Governor Cuomo signed an order extending the statute of limitations one month in civil cases.<\/p>\n<p>So, if the two-year deadline fell during that time period, victims received an additional four weeks to file legal claims.<\/p>\n<p>The doctrine of equitable tolling is also available. A judge can unilaterally extend the statute of limitations if:<\/p>\n<ul>\n<li>The victim diligently pursued his\/her rights, and<\/li>\n<li>An extraordinary event prevented timely filing.<\/li>\n<\/ul>\n<p>Courts only extend the statute of limitations if both these elements are present.<\/p>\n<p>Attorneys protect your legal and financial rights in a variety of situations.<\/p>\n<p>For a free consultation with an <u><a href=\"\/contact-us\/\">experienced New York personal injury attorney<\/a><\/u>, contact Napoli Shkolnik . You have a limited amount of time to act.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>New York Governor Andrew Cuomo already made headlines by approving a sweeping child sexual abuse law which could provide relief to thousands of victims. Cuomo made headlines again by further&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8180,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[792],"tags":[851,943,947,964,971,992,993,1001,1004],"class_list":["post-8179","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-coronavirus","tag-personal-injury-lawyers-near-me","tag-child-injuries","tag-sexual-abuse","tag-personal-injury","tag-health-and-safety","tag-coronavirus","tag-covid-19","tag-sex-trafficking","tag-sex-trafficking-attorneys"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8179","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8179"}],"version-history":[{"count":1,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8179\/revisions"}],"predecessor-version":[{"id":18236,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8179\/revisions\/18236"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/8180"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8179"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8179"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8179"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}