PREA and Sexual Abuse Claims
On February 14, 2019, New York Governor Andrew Cuomo signed the Child Victims Act (“CVA”) into law. Among other things, the CVA extended the time for those who were victims of sexual abuse to file civil lawsuits and opened a one-year window (beginning August 14, 2019) for previously time-barred legal claims. Victims whose claims were previously time-barred, may now sue to pursue legal claims against their abuser, the organization that employed the abuser, and other persons or organizations that were responsible for the abusive acts and the injuries caused. Due to the COVID-19 pandemic, the filing window was extended to August 14, 2021. If you have been the victim of sexual abuse as a child, you now have the right to bring a claim and be compensated regardless of how long ago it happened.
In addition to child sexual abuse claims, the experienced attorneys at Held & Hines also handle sexual abuse claims brought by those in jails and prisons. Just because a person has been locked up does not mean that they lose their rights to their bodies. Sexual abuse of inmates and prisoners is prevalent and the victims are entitled to recover monetary compensation for the abusive acts and injuries suffered. If you have been the victim of sexual abuse by an officer, medical staff member, or inmate, you have the right to bring a claim and be compensated.
The Prison Rape Elimination Act of 2003 was passed unanimously by Congress as a federal mandate to establish a zero-tolerance policy against sexual assault of incarcerated individuals. The Act came as a direct response to the staggering number of inmates raped in United States correctional facilities each year and requires federal and state prisons and local jails to implement policies and procedures to protect inmates from any form of sexual harassment — both by other inmates as well as staff.
If you or someone you love has been the victim of sexual abuse, call us today. Held and Hines will gather evidence of the abuse and advocate on your behalf to achieve the best possible outcome. Abuses of power will not be tolerated and we will pursue justice to the fullest extent of the law.
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