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Message: [QUOTE="LeMoyneCuse, post: 79778, member: 158"] Maybe this will help. [SIZE=4][B][LEFT][COLOR=#000000][SIZE=16px][FONT=Georgia]Civil Lawsuits[/FONT][/SIZE][/COLOR][/LEFT][/B][/SIZE] [LEFT][SIZE=13px][FONT=Ebrima][COLOR=#000000]Unlike most states, New York does [I]not [/I]have a specific statute of limitations (SOL) for sexual abuse, instead relying on the type of claim filed to determine what the SOL would be. [/COLOR][/FONT][/SIZE][/LEFT] [LIST] [*]If the abuse is treated as an intentional act of the abuser, the SOL is only a single year. [*]If it is an action against an institution (like a church or school) for hiring or supervising the abuser, then the SOL extends to three years. [*]Any suit based on [URL='http://www.legalmatch.com/law-library/article/negligence.html'][COLOR=#000099]negligence[/COLOR][/URL] is also three years. [/LIST] [LEFT][SIZE=13px][FONT=Ebrima][COLOR=#000000]However, New York is like most other jurisdictions in that it doesn't begin enforcing statutes of limitation until after you become an adult (over 18 years old). This means that if one wanted to directly sue the abuser for abuse suffered as a child, you would have one year from your 18th birthday to do it. If you wanted to sue a church for hiring a abusive clergyman, you would have three years from your 18th birthday.[/COLOR][/FONT][/SIZE][/LEFT] [LEFT][SIZE=13px][FONT=Ebrima][COLOR=#000000]Concurrently, should an abuser or institution be convicted of [I]criminal[/I] offenses, the victim (of those crimes) has 7 - 10 years (depending on the crime) to sue them (starting from the date of the crime), regardless of whether the other SOL has already passed. This is a bit confusing, but it basically provides another way to sue an abuser if the normal SOL has already run out. The unwieldiness of this system is perhaps why there are currently many efforts in the state legislature to change the rules, and even calls from the Governor for the SOL to be removed from child-sex crimes all together. This law is likely to shift drastically in the future, so your best bet is to contact an attorney familiar with any recent changes in the law in your jurisdiction.[/COLOR][/FONT][/SIZE][/LEFT] [/QUOTE]

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