Understanding the Key Legal Differences Between Assault and Battery
Assault and battery cases can be complex. At their core, they differ in terms of the actions involved. A battery is defined as the intentional, harmful physical contact with another person. In contrast, assault does not require actual contact but involves the threat or fear of imminent bodily harm. In New York, both assault and battery are categorized as intentional torts, with a statute of limitations of just one year. This is significantly shorter than the three-year statute of limitations typically applied to negligence claims.
The Legal Process: Civil Suits vs. Criminal Prosecution
A critical distinction between civil suits and criminal prosecution in assault and battery cases is the potential for overlap. Criminal charges often accompany civil lawsuits, and this can impact the timeline. In New York, if there is an active criminal case, the statute of limitations for filing a civil suit may be tolled (paused). For example, if someone pleads guilty to assault or battery 14 months after the incident, the civil suit deadline extends by one year from the conclusion of the criminal case, not from the original event.
When a criminal case is involved, we benefit from the District Attorney's office gathering crucial evidence such as surveillance footage, photographs, and witness statements. This evidence often becomes instrumental in the civil case. If a defendant pleads guilty, this can strengthen the civil case, potentially allowing for a summary judgment on liability, where the defendant’s guilt is already established. However, this evidence is only accessible once the criminal case concludes, which may involve submitting a Freedom of Information Law (FOIL) request.
The Child Victims Act: A Game-Changer for Sexual Abuse Cases
Enacted in 2019, the Child Victims Act (CVA) significantly reshaped the legal landscape for sexual abuse cases involving minors. Initially designed as a one-year lookback window, the law allowed abuse survivors to file claims dating back as far as the early 1900s. Due to the pandemic, the window was extended until 2021. Notably, the law allows victims of child sexual abuse to seek justice even if the abuse occurred decades ago, as long as it took place within New York State.
The CVA follows the criminal penal code, meaning any actions classified as sexual abuse under criminal law can form the basis of a claim. Some of the cases we have handled date back as far as 1958, illustrating the law’s wide-reaching impact. The law offers an invaluable opportunity for survivors to hold perpetrators accountable and seek compensation for the trauma they've endured.
Increased Cases in Foster Homes and Religious Institutions
One trend that has emerged since the CVA’s passage is an increase in cases involving foster homes and religious institutions. A particularly notable case involved abuse during a school field trip in New York City. In response, the courts have taken steps to manage these complex cases, designating specific court parts to handle claims against institutions with numerous cases. This effort has streamlined the litigation process and ensured these sensitive cases receive the attention they deserve.
The Adult Survivors Act: Addressing Sexual Assault for Adults
Mirroring the CVA, the Adult Survivors Act (ASA) provides a similar lookback window for survivors of sexual assault who are 18 or older. This law, which took effect in 2022, allowed individuals to file claims until November 2023. Like the CVA, the ASA mirrors the penal code in terms of defining sexual assault but differs in one significant way: adults can face challenges related to consent, which is not a factor in cases under the Child Victims Act due to the victims’ age at the time of the abuse.
The ASA provides a critical opportunity for survivors, especially those who may have suffered in silence for years or even decades, to hold their abusers accountable. Many of these cases involve power dynamics, such as incidents in workplaces or high-pressure environments like Wall Street in the 1980s, where victims struggled to come forward.
The Gender Motivated Violence Act: An Additional Legal Avenue
In addition to the CVA and ASA, New York City also offers the Gender Motivated Violence Act (GMVA), which has a statute of limitations of seven years. To qualify, the abuse must have occurred within New York City and must have been motivated by the victim’s gender. This law extends legal options for individuals subjected to gender-based violence.
Impact of the Adult Survivors Act on Justice for Victims
For many survivors, the ASA has provided an avenue for justice that they believed was long out of reach. This law has empowered individuals to come forward with their stories, secure compensation, and find closure for years or even decades of trauma. These cases often involve profound personal and economic impacts, with many survivors suffering long-term consequences in terms of careers, relationships, and mental health.
Common Themes in ASA and CVA Cases
In both the Child Victims Act and Adult Survivors Act cases, several common themes have emerged. A significant number of cases involve abuse of power, lack of oversight, and inadequate safeguards that could have prevented the abuse. These cases often focus on institutional failures, where employees or organizations failed to protect vulnerable individuals.
Litigating cases involving incidents from the 1950s to the 1990s presents unique challenges. Survivors were often too afraid or ashamed to speak out, and societal norms in past decades made it difficult for victims to be believed. Addressing these historical challenges requires sensitivity and a nuanced understanding of the cultural context in which these abuses occurred.
Advice for Potential Claimants Under the CVA or ASA
For anyone considering pursuing a claim under the Child Victims Act or Adult Survivors Act, it is crucial to speak to an attorney. Even if the statute of limitations may have expired, an attorney can provide guidance on whether any resources are available, and help identify potential claims in other states or under different laws. Consulting an attorney is the first step toward understanding your rights and exploring legal avenues for seeking justice.
While these laws may seem like a lifeline for survivors, they also represent a broader societal recognition of the need to hold abusers accountable, no matter how much time has passed. For many, these legal reforms have provided a sense of justice and closure that they thought they would never see.