Latest news with #ChildVictimsAct
Yahoo
23-06-2025
- Yahoo
Understanding the New York Statute of Limitations for Sexual Abuse Cases: A Guide for Survivors
New York, June 23, 2025 (GLOBE NEWSWIRE) -- New York, New York - New York, NY – Survivors of sexual abuse in New York often face uncertainty when it comes to seeking justice. Many hesitate to come forward due to fear, trauma, or lack of information about their legal rights. Understanding the statute of limitations for sexual abuse cases is crucial for survivors who are considering legal action. The laws surrounding these cases have evolved significantly in recent years, with reforms aimed at extending the time survivors have to file claims against perpetrators and institutions that failed to protect them. Survivors of Abuse NY, led by Thomas Giuffra, Esq. – The Abuse Lawyer NY, is committed to ensuring that survivors are fully informed of their rights and options under New York law. The statute of limitations defines the time frame within which a survivor can file a lawsuit against their abuser or a responsible institution. Historically, these laws were restrictive, often preventing survivors from pursuing legal action if they did not come forward within a few years of the abuse. However, New York has recognized the unique challenges survivors face in disclosing their experiences, leading to significant legislative changes. One of the most impactful reforms was the Child Victims Act (CVA), enacted in 2019. This law extended the statute of limitations for survivors of childhood sexual abuse, allowing them to file civil lawsuits until the age of 55, regardless of how long ago the abuse occurred. The CVA also opened a temporary lookback window from 2019 to 2021, which allowed time-barred childhood claims to proceed in civil court. Additionally, the Adult Survivors Act (ASA), signed into law in May 2022, created a one-year lookback window for adult survivors to file lawsuits, even if their cases had previously been barred by expired statutes of limitations. That window officially opened on November 24, 2022, and closed on November 24, 2023. As of 2025, the ASA window is no longer open for new claims unless future legislation is introduced to extend or revive it. Survivors who were unable to file during that period are encouraged to consult an attorney about whether they may still have viable options under other provisions of New York law. These legislative changes reflect a broader recognition of the psychological and emotional toll that sexual abuse inflicts on survivors. Many individuals struggle for years, even decades, before they feel ready to come forward. Survivors of Abuse NY has worked with numerous clients who initially believed they had no legal recourse, only to discover that they were still eligible to pursue justice under these reformed laws. Thomas Giuffra, Esq. – The Abuse Lawyer NY, emphasizes that no survivor should assume they have missed their opportunity for legal action without first consulting an attorney. "The law has changed in favor of survivors, providing them with new avenues to seek accountability and compensation. It is essential for survivors to understand their rights and take action if they are ready," said Giuffra. While the CVA and ASA significantly expanded opportunities for justice, survivors must still be mindful of current deadlines. Survivors of childhood sexual abuse may still be covered under the CVA if they are under the age of 55. In other cases, a legal principle known as the "discovery rule" may apply, where the statute of limitations begins when a survivor first makes the connection between their abuse and resulting emotional or psychological harm. This can provide a path to justice even if the abuse occurred many years ago. It's also important to distinguish civil lawsuits from criminal prosecution. New York has eliminated the criminal statute of limitations for many sexual offenses against children and extended timelines for certain adult-related offenses. However, civil lawsuits follow separate rules and may offer compensation for damages such as therapy, medical bills, lost wages, and emotional suffering. Although the ASA's lookback window has expired, legal advocacy groups continue to push for legislative reforms that may reopen the window or create new opportunities for survivors. Survivors of Abuse NY closely monitors these efforts to ensure clients are aware of every available legal path. The attorneys at Survivors of Abuse NY are dedicated to helping survivors navigate the complexities of New York's legal system. Whether a survivor was abused by a trusted adult, a member of the clergy, a medical professional, an educator, or another authority figure, legal recourse may still be available. Pursuing a lawsuit can not only provide financial compensation but also serve as a powerful tool for holding abusers and negligent institutions accountable. Survivors of Abuse NY encourages anyone who has experienced sexual abuse to seek legal guidance as soon as possible. Even if a survivor believes their case may be outside the legal time frame, consulting an experienced attorney can help clarify their options. Many survivors are surprised to learn that they still have a viable path to justice. "Taking legal action can be an important step toward healing," Giuffra added. "It's not just about financial compensation—it's about holding wrongdoers accountable and ensuring they can't harm others in the future." For survivors seeking legal representation or guidance on New York's statute of limitations, Survivors of Abuse NY is here to help. The firm offers free and confidential consultations to assess each case and provide clear, compassionate advice on the best course of action. Survivors can contact Thomas Giuffra, Esq. – The Abuse Lawyer NY at (646) 413-6394 or visit their website to learn more about their rights and legal options. Survivors of Abuse NY remains steadfast in its commitment to supporting survivors and ensuring they have access to justice, no matter how much time has passed. ### For more information about Thomas Giuffra, Esq. - The Abuse Lawyer NY, contact the company here:Thomas Giuffra, Esq. - The Abuse Lawyer NYThomas Giuffra, Esq.(646) 413-6394thomas@ 5th Avenue, 29th FloorNew York, NY 10017 CONTACT: Thomas Giuffra, in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Yahoo
12-06-2025
- Yahoo
Kaja Sokola, a former model from Poland, applauds Weinstein conviction
It wasn't exactly the verdict that Harvey Weinstein accuser Kaja Sokola had hoped for, but it was the verdict she said women determined to fight against sexual predators needed. Sokola, a former runway model from Poland, was one of three women who accused Weinstein of sexually assaulting them more than a decade ago. On Wednesday, a Manhattan jury found Weinstein guilty of assaulting former 'Project Runway' production assistant Miriam Haley but not her. And it deadlocked on a third-degree rape charge against Weinstein in the alleged sexual assault of former actor Jessica Mann. 'It's not ideal for me,' Sokola told NBC News shortly after the verdict was announced. 'But it doesn't change that much the most important thing, that he's convicted.' What does it mean for the #MeToo movement, which was galvanized in 2020 by Weinstein's landmark conviction for sexually abusing young women? 'I think it sends the message that we still have some work to do,' said Sokola, 39. Sokola also said she doesn't want what happened to her in court to deter other sex assault victims from coming forward. 'There's no win or lose for me. I was not the one who was on the trial,' she said. 'So I would not want these kind of decisions to discourage others from speaking their truth or from participating in proceedings like this, because we have one life to live, and if we won't fight for our own justice, then who will?' Sokola's attorney, Lindsay Goldbrum, a partner at Goddard Law PLLC, said she and her client were prepared for the outcome. 'We are in a different culture than we were five years ago when this trial first happened,' she said. 'But as a former prosecutor, I knew from the beginning that it was going to be an uphill battle for the prosecutors to be able to establish proof beyond a reasonable doubt about a crime that occurred almost 20 years ago.' Sokola wasn't among the women who testified against Weinstein at his first trial, in which he was convicted of third-degree rape of Mann in 2013. He was also convicted of first-degree criminal sexual act for forcibly performing oral sex on Haley in 2006. The convictions were overturned after an appeals court found that the judge in that trial had improperly allowed testimony against Weinstein based on allegations that weren't part of the case. Sokola was added to the case after she filed her own lawsuit against Weinstein in December 2019 under New York's Child Victims Act. On the stand, Sokola told the court that Weinstein forcibly performed oral sex on her at a Manhattan hotel in 2006, when she was 19 years old. The alleged abuse first began in 2002, when she was 16, and Weinstein forced her to masturbate him, she said. 'I know what he did to me when I was 16, when I was 19, and nothing will change that,' Sokola told NBC News. Sokola's testimony may have been undermined by her estranged older sister, Ewa Sokola, who had been subpoenaed as a prosecution witness. She testified that Sokola seemed 'extremely tense' after a 2006 post-lunch meeting with Weinstein but didn't say she had been assaulted. 'She was proud of knowing him,' Ewa Sokola testified. Asked about that testimony, Sokola said, 'I don't have nothing to be ashamed of.' 'I think she does, or she should have,' she said of her sister. Sokola said she has never spoken with Haley and has talked to Mann just once, about two years ago. Initially, Sokola was part of a group of women who filed a class-action lawsuit against Weinstein and his companies, alleging he had sexually abused them. At first, she hid her identity behind a pseudonym. Unhappy with a proposed deal under which almost all the civil cases against Weinstein would be settled for $47 million and he would not have to admit to wrongdoing, Sokola unmasked herself in December 2019 when she filed her lawsuit. In the suit, Sokola said she was 16 in 2002 when she had just moved from Warsaw to New York City and was first introduced to Weinstein. She said that when he learned she wanted to become an actor, he told her he could help her career. Three days later, the complaint said, Weinstein picked Sokola up for what was supposed to be a business lunch and instead took her his Manhattan apartment and demanded sex. When a weeping Sokola tried to resist, Weinstein told her he had 'made' the careers of the actors Penelope Cruz and Gwyneth Paltrow and warned the teenager that she 'would never work as an actress unless she acquiesced to his demands,' according to the complaint. Sokola said at Weinstein's retrial that he demanded that she masturbate him while he touched her. Sokola, 39, became one of three women who accused Weinstein of sex assault at his retrial after she told prosecutors he had also forcibly performed oral sex on her in 2006. That allegation of assault mirrored the testimony of Haley, who accused Weinstein of doing the same to her in 2006 when she was looking for work in entertainment production. Weinstein, who was hit with an additional charge of first-degree criminal sexual act, denied assaulting Sokola. He also denied assaulting Mann and Haley. Weinstein spokesman Juda Engelmayer said that 'we consider this a little bit of a victory' because Weinstein was acquitted on the Sokola charge. 'He's feeling, you know, not good about being convicted for Miriam but relieved that he wasn't convicted on Kaja and hopeful on the Jessica part,' Engelmayer said of Weinstein at a news conference. Sokola is getting back to the dreams she says Weinstein stole from her after the alleged assaults, with the launch of her own production company, Falcon 88. 'Healing means doing what I love and being able to be a helpful member of society, being a producer that listens to others, respects others, treats people with dignity that they deserve,' she said. 'It's named after my dad. He was 88 years old when he died.' Her first project is executive producing a film, 'The Eden Express,' starring Jonah Hauer-King and David Duchovny. Sokola is also a single mom with a young son. And when she was asked how she hopes her son will react when he finds out she testified against Weinstein, she smiled. 'I hope he will think that his mom is a badass and that his mom stands for the truth and is not afraid to speak her truth,' she said. This article was originally published on
NBC News
12-06-2025
- Entertainment
- NBC News
Kaja Sokola, a former model from Poland, applauds Weinstein conviction
It wasn't exactly the verdict that Harvey Weinstein accuser Kaja Sokola had hoped for, but it was the verdict she said women determined to fight against sexual predators needed. A former runway model from Poland, Sokola was one of three women who accused Weinstein of sexually assaulting them more than a decade ago. On Wednesday, a Manhattan jury found Weinstein guilty of assaulting former 'Project Runway' production assistant Miriam Haley, but not her. And it deadlocked on a third-degree rape charge against Weinstein in the alleged sexual assault of former actress Jessica Mann. 'It's not ideal for me,' Sokola told NBC News shortly after the verdict was announced. 'But it doesn't change that much the most important thing, that he's convicted.' What does this mean for the #MeToo movement, which was galvanized in 2020 by Weinstein's landmark conviction for sexually abusing young women? 'I think it sends the message that we still have some work to do,' Sokola, 39, said. Sokola also said she does not want what happened to her in court to deter other sex assault victims from coming forward. 'There's no win or lose for me, I was not the one who was on the trial,' she said. 'So I would not want these kind of decisions to discourage others from speaking their truth or from participating in proceedings like this because we have one life to live, and if we won't fight for our own justice, then who will?' Sokola's attorney, Linsay Goldbrum,a partner at Goddard Law PLLC, said she and her client were prepared for this outcome. 'We are in a different culture than we were five years ago when this trial first happened,' she said. 'But as a former prosecutor, I knew from the beginning that it was going to be an uphill battle for the prosecutors to be able to establish proof beyond a reasonable doubt about a crime that occurred almost 20 years ago.' Sokola was not among the women who testified against Weinstein at his first trial, in which he was convicted of third-degree rape of Mann in 2013. He was also convicted of first-degree criminal sexual act for forcibly performing oral sex on Haley in 2006. The convictions were later overturned after an appeals court found that the judge in that trial had improperly allowed testimony against the former Miramax chief based on allegations that were not part of the case. Sokola was added to the case after she filed her own lawsuit against Weinstein in Dec. 2019 under New York's Child Victims Act. On the stand, Sokola told the court that Weinstein forcibly performed oral sex on her in 2006 at a Manhattan hotel when she was 19 years old. But the alleged abuse first began in 2002, when she was 16, and Weinstein forced her to masturbate him, she said. 'I know what he did to me when I was 16, when I was 19 and nothing will change that,' Sokola told NBC News. Sokola's testimony may have been undermined by her estranged older sister, Ewa Sokola, who had been subpoenaed as a prosecution witness. She testified that Sokola seemed 'extremely tense' after a 2006 post-lunch meeting with Weinstein but did not say she had been assaulted. 'She was proud of knowing him,' Ewa Sokola testified. Asked about that testimony, Sokola said 'I don't have nothing to be ashamed of.' 'I think she does, or she should have,' Sokola said of her sister. Sokola said she's never spoken with Haley and talked to Mann just once about two years ago. Initially, Sokola was part of a group of women who filed a class-action lawsuit against Weinstein and his companies, alleging they had been sexually abused by the producer. At first, she hid her identity behind a pseudonym. Unhappy with a proposed deal under which almost all the civil cases against Weinstein would be settled for $47 million and the producer would not have to admit to wrongdoing, Sokola unmasked herself in Dec. 2019 when she filed her lawsuit. In the suit, Sokola said she was 16 in 2002 when she had just moved from Warsaw to New York City and was first introduced to Weinstein. She said that when he learned she wanted to become an actor, he told her he could help her career. Three days later, the complaint stated, Weinstein picked Sokola up for what was supposed to be a business lunch and instead took her his Manhattan apartment and demanded sex. When a weeping Sokola tried to resist, Weinstein told her he had 'made' the careers of the actors Penelope Cruz and Gwyneth Paltrow and warned the teenager that she 'would never work as an actress unless she acquiesced to his demands,' according to the complaint. Sokola said at Weinstein's retrial that he demanded she masturbate him while he touched her. Sokola, 39, became one of three women who accused Weinstein of sex assault at his retrial after she told prosecutors the producer had also forcibly performed oral sex on her in 2006. That alleged assault mirrored the testimony of Haley, who accused Weinstein of doing the same to her in 2006 when she was looking for work in entertainment production. Weinstein, who was hit with an additional charge of first-degree criminal sexual act, denied assaulting Sokola. He also denied assaulting Mann and Haley. Weinstein spokesman, Juda Engelmayer, said 'we consider this a little bit of a victory' because the producer was acquitted on the Sokola charge. Three days later, the complaint stated, Weinstein picked Sokola up for what was supposed to be a business lunch and instead took her his Manhattan apartment and demanded sex. When a weeping Sokola tried to resist, Weinstein told her he had 'made' the careers of the actors Penelope Cruz and Gwyneth Paltrow and warned the teenager that she 'would never work as an actress unless she acquiesced to his demands,' according to the complaint. Sokola said at Weinstein's retrial that he demanded she masturbate him while he touched her. Sokola, 39, became one of three women who accused Weinstein of sex assault at his retrial after she told prosecutors the producer had also forcibly performed oral sex on her in 2006. That alleged assault mirrored the testimony of Haley, who accused Weinstein of doing the same to her in 2006 when she was looking for work in entertainment production. Weinstein, who was hit with an additional charge of first-degree criminal sexual act, denied assaulting Sokola. He also denied assaulting Mann and Haley. Weinstein spokesman, Juda Engelmayer, said 'we consider this a little bit of a victory' because the producer was acquitted on the Sokola charge. 'He's feeling, you know, not good about being convicted for Miriam, but relieved that he wasn't convicted on Kaja and hopeful on the Jessica part,' Engelmayer said of Weinstein during a press conference. Sokola is getting back to the dreams she says Weinstein stole from her after the alleged assaults, with the launch of her own production company, Falcon 88. 'Healing means doing what I love and being able to be a helpful member of society, being a producer that listens to others, respects others, treats people with dignity that they deserve,' she said. 'It's named after my dad. He was 88 years old when he died.' Her first project is executive producing a film, 'The Eden Express,' starring Jonah Hauer-King and David Duchovny. Sokola is also a single mom with a young son. And when asked how she hopes her son will react when he finds out she testified against Weinstein, Sokola smiled. 'I hope he will think that his mom is a badass and that his mom stands for the truth and is not afraid to speak her truth,' she said.
CBS News
03-06-2025
- General
- CBS News
Baltimore judge places temporary pause on filings of Child Victims Act lawsuits due to caseload
Baltimore judge places temporary halt to filings of Child Victims Act lawsuits due to caseload Baltimore judge places temporary halt to filings of Child Victims Act lawsuits due to caseload Baltimore judge places temporary halt to filings of Child Victims Act lawsuits due to caseload A Baltimore judge has put a temporary pause on filings of Child Victims Act lawsuits due to a large influx of lawsuits, according to The Baltimore Banner. According to a five-page order, more than 1,250 lawsuits have been filed in Baltimore Circuit Court under the Child Victims Act of 2023. The Act removed time limits for victims of sexual abuse seeking to take legal action. Child Victims Act revisions take effect On June 1, changes to the Child Victims Act took effect. Due to a revision made to the law in April, Sexual abuse survivors in Maryland now face monetary caps on court compensation after revisions to the Child Victims Act took effect Sunday. The bill limits payouts for abuse claims involving public institutions to $400,000 and claims against private institutions to $700,000. Attorney fees are also capped at 20% for cases settled out of court and 25% for cases that go to trial. Ongoing sex abuse lawsuits against institutions in Maryland A new lawsuit announced Monday claimed a Baltimore City Public School teacher sexually assaulted students in the 1970s. The lawsuit, filed by Baltimore-based law firm Murphy, Falcon & Murphy, accuses the school district of allowing special education teacher Alvin Hunt to abuse students in the late 1970s and early 1980s. One victim was left with severe trauma, and another, pregnant, as a result of the abuse, according to the lawsuit. More than 650 lawsuits have been filed, alleging abuse at Maryland juvenile detention centers between the 1970s and 2018. According to the lawsuits, the juvenile detention system delayed or ignored reform despite investigations, warnings, and reports of abusive staff and invasive strip searches. In April, a group of Maryland attorneys said they were filing lawsuits on behalf of survivors of sexual abuse at Calvert Hall College High School, an all-boys Catholic school in Baltimore County. The Archdiocese of Baltimore faces hundreds of lawsuits from victims who said they were abused by priests, teachers and employees under the church's supervision.
Yahoo
03-06-2025
- Health
- Yahoo
Ad campaign urges Gov. Hochul to force insurers to pay for thousands of cases of sex abuse claims under New York's Child Victims Act
An ad campaign is pressuring Gov. Kathy Hochul to force insurance companies to pay claims to thousands of alleged sexual assault victims on behalf of churches, hospitals, schools, Boy Scouts troops and other employers they represent under the Child Victims Act. The victims who were allegedly abused as children decades ago sued the various organizations they claimed allowed the abuse to happen decades later under the New York State Child Victims Act of 2019. But many cases are tied up in court, with insurers of the defendants refusing to make payments on behalf of their clients, including the Catholic Church and other defendants, according to the group behind the ads, The Coalition for Just and Compassionate Compensation. The group is bankrolled by allies of the Catholic Church, among others. Hochul's Department of Financial Services is supposed to help enforce the law, advocates said. 'Who turns their back on over 14,000 survivors of child sex abuse? Our Kathy Hochul. She stands with her big insurance buddies denying responsibility while donating to her campaign,' the narrator in the 30-second cable TV ad playing in Albany and upstate media markets says. The ad shows headlines of the Buffalo Diocese shuttering 10 churches. Hochul, according to the ad, has received $578,000 in campaign contributions from the insurance lobby. 'Survivors suffer — and justice stalls,' the ad says. 'Gov. Hochul has the power to act,' it continues. 'Demand she enforce the law. Make Big insurance pay, not the survivors.' Sex abuse victims also cried foul. 'Six years ago, survivors were promised that the Child Victims Act would hold abusers and enablers accountable,' said Steve Jimenez, a survivor and CJCC trustee. 'Instead, we're still waiting — while Governor Hochul cashes checks from big insurance. Enforce the law, Governor. Do your job.' A rep for Hochul slammed the advocacy group for trying to drag her into a payment dispute in court proceedings involving organizations such as the Catholic Church and insurance companies over who is liable to foot the bill to compensate child sex abuse victims. 'Governor Hochul has repeatedly demonstrated her commitment to survivors of sexual assault, signing new laws and investing record funding to support this vulnerable community,' said Hochul spokesman Avi Small. 'It's ludicrous for this organization to weaponize the pain of survivors in a cynical attempt to pull this Administration into a contractual dispute between two private entities.' The state Department of Financial Services, in a statement, said of the criticism, 'We are actively monitoring ongoing litigation as the courts seek to answer important legal questions about insurers' contractual liabilities and will hold insurers accountable for their obligations as appropriate.'
