BUFFALO, N.Y. (WBEN) - The lookback window for victims of sexual abuse to file civil lawsuits under New York State's Child Victims Act, will come to an end Friday at midnight.
"Filings have been increasing the past two weeks," said attorney Steve Boyd.
In August of 2019, the state opened a one-year period where victims of child sexual assault could file claims against their abusers, regardless of how long ago it happened. The window was extended during the pandemic, but it officially closes August 14.
Before the Child Victims Act was passed, victims could only file a lawsuit before turning 23-years old.
The statue of limitations kept many people from seeking justice because they
weren't ready to come forward.
"There's an interesting dynamic among people who were sexually abused as children. The average age of someone coming to the point of being able to even speak the words, is in their young 50's," said Boyd. "As people age, they're more empowered to say this happened to me."
With the extension of the filing window, Boyd says more people have come to that age.
Boyd said his staff will be working under midnight Friday to get everything filed before the deadline. Once the initial filing is made, they can supplement it later.
Some people are hesitant. They don't know if they want to go through the process. Boyd said the process can be started confidentially, and it can be stopped at anytime.
The Buffalo Diocese filed for bankruptcy in February of 2020 after it was named as a defendant in hundreds of clergy sexual abuse lawsuits. Bankruptcy does not close the door on justice and accountability.
"Cases against the Diocese go through bankruptcy court," said Boyd. "Most people think it's between the survivors and the Diocese, but there's a third party, the insurance companies. They pay a massive portion of any settlement."
Is there any chance that the lookback window could be extended again? "Every once in a while we hear some discussion of a permanent window, or an adult victims act, but as of right now there's no movement afoot or any momentum for that to happen in New York State.
As of earlier this week, more than nine thousand cases have been filed statewide. Boyd says his office has filed about 370 cases in Buffalo and about 170 cases in Rochester. Per capita, Western New York has had more
cases than the three dioceses in the New York City area.
