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Tolmage, Peskin, Harris, Falick's Blog

Boy Scout councils face lawsuits in upstate New York

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The troubles continue for the Boy Scouts of America and will not stop until all matters related to its decades-long sexual abuse of thousands of boys concludes. But when will that happen? Not any time soon, especially with recent lawsuits in upstate New York.

Filed on May 18, the nine lawsuits against Boy Scout councils in the state are the latest of what promises to be hundreds more legal cases against the organization. Plaintiffs in the cases were Scouts decades ago and allege sexual abuse from scoutmasters and leaders. The organization faces many more lawsuits throughout New York, New Jersey, California and other states.

State’s Child Victims Act ruled constitutional

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Survivors of sexual abuse received another legal endorsement when a New York state supreme court justice ruled in mid-May that the state’s Child Victims Act was constitutional. Justice Steven M. Jaeger upheld the law, which went into effect in early 2019 and temporarily eliminates the statute of limitations for lawsuits stemming from child sexual abuse.

Advocates applauded the decision, which occurred in Nassau County and was the result of a legal challenge made by the Diocese of Rockville Centre on Long Island. The diocese in November sought to dismiss the more than 40 Child Victims Act cases it. Jaeger wrote that the law was a “reasonable response to remedy the injustice of past child sexual abuse.” Although the decision occurred in Nassau County, it will have statewide implications

How is child sex abuse allowed to happen?

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Sexual abuse in childhood is far more common than most people realize. Since the New York Child Victims Act went into effect last August, more than 1,300 victims have come forward, filing lawsuits under the Act’s one-year window of time for pursuing justice. And that number likely represents only a small fraction of adults who were sexually abused as children.

While many of those claims involve abuse that happened years or even decades ago, child sexual abuse remains a widespread problem. According to The Advocacy Group, a staggering 1 in 3 girls – and 1 in 5 boys – experience sexual abuse before the age of 18.

How child sex abuse impacts a survivor’s financial future

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The long-term impacts of child sex abuse are well-documented. A survivor often deals with the repercussions the rest of their life, working to overcome mental and physical health conditions on their road to recovery.

Less talked about are the financial ramifications of child sex abuse. One study, however, begins to shed some light on how survivors may face significant financial burdens due to their trauma.

Childhood Sexual Abuse Victims: The importance of filing now

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Being a victim of childhood sexual abuse negatively affects individuals as they progress into their adult lives. The consequences that follow them intervene with both their personal and professional lives.

While many men and women might not have felt comfortable speaking up or never had the chance, the New York government is now giving them that opportunity.

What are the long-term effects of childhood sexual abuse?

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There are many variables that can affect how childhood sexual abuse may impact someone long-term. Some of these variables can include the nature of the abuse, the severity of the abuse, the number of abuse experiences and the age someone was when the abuse occurred. The survivor’s perspective and the support he or she receives following the abuse can also influence long-term effects.

The impact of childhood sexual abuse can vary greatly because every person is different, and every situation is different. However, there are some trends that have emerged.

Hundreds of claims filed under Child Victims Act so far

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Wednesday, August 14, 2019, was a landmark date in the civil justice system of New York State. It marked the first day of a one-year lookback period under the Child Victims Act, passed last February. The Act gives adult victims of childhood abuse a limited window of time to bring time-barred claims against abusers and institutions. In essence, it opens the courts to those who would otherwise have no legal recourse.

 

One-year window opens soon for adult victims of childhood sex abuse

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The clock is ticking. A landmark date will soon be upon us. Starting in mid-August, adult victims of childhood sex abuse can begin filing claims against their abusers and the organizations that harbored them.

The one-year window is a result of the Child Victims Act, a groundbreaking state law that went into effect last February. It grants victims a limited period of time to seek justice on claims that would otherwise be time-barred under the statute of limitations.

Sex abuse claims involving Catholic Church: Who pays?

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As the Catholic Church in New York gears up to address hundreds - potentially thousands - of sex abuse claims, one question looms large: Where will the payouts come from?

The Church is anticipating a wave of sex abuse claims when the one-year window opens under the Child Victims Act next month. The Act gives survivors of childhood abuse a limited period of time to file lawsuits that would otherwise be time-barred. While it covers claims against any organization or institution, the Catholic Church will likely be most heavily impacted, with some sources estimating as many of 2,500 individual claims against the Church and tens of millions of dollars in payouts.

Report: Catholic Church spent millions opposing Child Victims Act

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It’s no secret that child sexual abuse is a widespread and longstanding problem in the Catholic Church. What isn’t widely known, however, is just how far the Church has gone in opposing legal reforms that would give victims access to courts. Until now, that is.

 

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Past President NYSTLA
Big Apple | Pothole & Sidewalk Protection Committee
Trial Lawyers Care
Super Lawyers
Take Justice Back | www.takejusticeback.com
Life Member | Million Dollar Advocates Forum | Multi-Million Dollar Advocates Forum | The Top Trial Lawyers in America
American Association for Justice Leaders Forum | Patron 2015
American Association for Justice | Sustaining Member 2015
Avvo Rating | 10.0 Superb | Top Attorney Medical Malpractice
10 Best 2017-2018 2 Years Attorney | Client Satisfaction | American Institute of Personal Injury Attorneys

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