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New York Sexual Abuse Lawyer
Representing Plaintiffs In Schenectady
Sexual abuse and assault are devastating experiences that nobody should have to endure. Yet sexual abuse does occur, and it is important for survivors to know that they may have legal options available to them. It can be extremely difficult for survivors to come forward, and we know how complicated it can be to even consider filing a sexual abuse claim. At the same time, we also know that seeking compensation from an abuser can be a step toward healing. By holding the perpetrator accountable through a civil lawsuit, you can begin the process of moving forward.
If you were the victim of sexual abuse, you should know that a compassionate Schenectady sexual abuse claims lawyer at our firm can begin working with you on your case. We can discuss the resources that are available to you in New York, and we can guide you through the legal process.
Lawsuits Against Sexual Abusers
In Schenectady, New York
Sexual abuse can occur in many different settings, and there are many different types of sexual abusers. Sometimes sexual abusers take advantage of children, patients, or others with whom they are in a relationship with a clear power differential. To be sure, members of the clergy as well as teachers and healthcare providers often are the named perpetrators in sexual abuse claims. At the same time, it is important to know that sexual abuse can also occur at the hands of an employer, a colleague, a coach, a neighbor, a friend, or even a family member.
According to the Rape, Abuse & Incest National Network (RAINN), the following are significant facts and figures about who commits sexual violence:
- 80 percent of rapes are committed by a person who is known to the victim;
- Nearly 40 percent of sexual violence acts are committed by an acquaintance, such as a co-worker, an employer, or a neighbor;
- In about 33 percent of sexual violence cases, the perpetrator is a current or former spouse, boyfriend, or girlfriend;
- In 93 percent of juvenile sexual abuse claims that are reported to law enforcement officials, the juvenile knew the perpetrator;
- Nearly 60 percent of juvenile sexual abuse perpetrators are acquaintances, while about 34 percent are family members;
- Around 50 percent of sexual abuse perpetrators are aged 30 and older; and
- Perpetrators of sexual abuse frequently have criminal histories, and 60 percent of convicted offenders are re-arrested within 5 years.
Filing A Sexual Abuse Claim In Schenectady Under The Child Victims Act (CVA)
Under the recently enacted Child Victims Act (CVA) in New York, child sexual abuse survivors have an extended time period to file a claim for compensation and to hold their abusers accountable. The CVA makes it possible for thousands of victims of child sex abuse to file claims, and we want to clarify how the time windows apply to different types of cases.
First and most importantly, the CVA extends the statute of limitations for claims that had otherwise become time-barred. Under the CVA, any victim of child sexual abuse—regardless of the survivor’s current age or when the act of sexual abuse occurred—has one year from the date the CVA was passed to file a lawsuit. This applies no matter what your current age is, no matter how long ago the child sexual abuse occurred, regardless of whether your claim was previously dismissed due to the statute of limitations, and regardless of whether your claim was previously time-barred.
Under the CVA, survivors will have up until they reach the age of 55 to file a lawsuit against the abuser for claims that had not yet expired under the old statute of limitations period. The new law recognizes that it can take quite some time for survivors to overcome the initial trauma of the abuse and to be in a position to file a claim.
On August 3, 2020, Governor Andrew M. Cuomo signed additional legislation extending the look-back window for victims to file claims under the Child Victims Act by a full year and claims can now be filed under the Child Victims Act until the end of the day on August 13, 2021.
Contact A Sexual Abuse Lawyer
It is extremely important for survivors to hold their abusers accountable. Even if it might seem impossible to move forward with a claim due to the trauma of abuse, we want you to know that many sexual abuse survivors are able to heal by seeking justice. An experienced and compassionate Schenectady sexual abuse attorney at our firm can speak with you today about your case and your options for filing a claim. Contact Powers & Santola, LLP to learn more about the services we provide to sexual abuse survivors in New York.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.