Writing at artvoice.com, attorney Omar Rosales — a former NXIVM member — says that help may be available to sex abuse victims of Keith Raniere, the alleged mastermind behind the self-empowerment cult NXIVM.
Headlined “Rosales: Day of reckoning coming for Bronfman-Raniere with NY Child Victims Act,” the piece begins by noting that it was on February 14, 2019, that New York State Governor Andrew Cuomo signed the New York Child Victims Act (CVA) into law. The CVA extends the statute of limitations to prosecute child molesters in New York State and provides a one-year window for victims of child abuse to file lawsuits against their abusers and the institutions who allowed the abuse to continue.
“The legislation was a culmination of over 15 years of dedicated work by advocates and victims of sexual assault survivors to bring justice to the survivors of sexual abuse. For many years, the law was stalled in the New York Assembly by efforts from the state Catholic diocese,” Rosales points out. “However, Governor Cuomo noted that Pope Francis’s new efforts to address the sex abuse scandal and allow victims to seek assistance from Courts turned the tide in the bill’s favor.”
According to Rosales, the Child Victims Act makes three important changes to New York law:
– The statute of limitations for victims to file civil lawsuits has changed. Previously, victims had to file a lawsuit by age 23. Now, victims are allowed to file lawsuits up until the age of 55.
– If a victim did not previously sue by the time they were 23, they will have a one-year window of opportunity to sue the abuser and/or institution that employed the abuser. The window begins on August 14, 2019.
– Felony charges can now be sought against the abuser until the victim is 28 years old. Misdemeanor charges can now be sought against the abuser until the victim is 25 years old. The statute of limitations in criminal cases is no longer the time from when the criminal act occurred but relates to the age of the victim.
“The institutions that employed the abuser are now liable,” Rosales continues. “These include churches, schools, camps, Boy Scouts of America, and other institutions. This is important because, in many instances, the abuser worked under the cloak of a provider and was a person placed in a position of trust over the victim. Also, many times, the institution knew about the abuse but attempted to hide the crimes or discredit the victims. The institutions also tend to own property, assets, accounts that can be seized to satisfy a judgment. Whereas the abuser probably does not have the money to cover compensation for the victim, the institution can provide monetary compensation.”
