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NY Opens One-Year Window for Adult Victims to Sue Over Past Sex Abuse

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  • Adults who were sexually abused as children and did not take legal action within the statute of limitations now have a one-year window to sue their abusers thanks to a new law that went into effect in New York.
  • The law, called the Child Victims Act, also expands the statute of limitations so that victims can sue until they are 55 years old, as opposed to the previous limitation which was set at 23 years old.
  • Institutions like the Catholic Church and the Boy Scouts are preparing to take massive financial hits.

Child Victims Act Goes Into Effect

Adult victims who were sexually abused as children but did not take legal action in the required time period will now be given a year to sue their abusers under a new law in New York that went into effect Wednesday.  

The one-year period, known as a look-back window, will let victims bring forward cases that may have expired decades ago under the previous statute of limitations. The victims will also be able to sue any institutions or organizations that allowed the abuse or were complicit.

Until now, New York had one of the most restrictive statutes of limitations for child sex abuse victims in the country. Under the previous statute, people who had been sexually abused as minors had to file charges by the time they were just 23 years old.

However, the new law, called the Child Victims Act, extends that time limit so that accusers can sue until they are 55.

The Child Victims Act is a big move for New York, but it has also been a long time coming. Lawmakers in New York’s legislature have been trying to extend the statute of limitations for child sex abuse victims for more than a decade.

Every time they tried, they were stopped by opposition from the Catholic Church, the Boy Scouts, Orthodox Jewish organizations, as well as the insurance industry. The biggest sticking point for those groups was the look-back window, which they claimed would create a huge financial burden for them.

Before the law passed, the New York Catholic Conference claimed the look-back window would “force institutions to defend alleged conduct decades ago about which they have no knowledge and in which they had no role.”

New York’s State Assembly had passed the law several times, but the State Senate kept preventing a vote. Then Democrats took over the state’s Senate in November, and the bill passed the Senate unanimously right after they took office in January.

Organizations Brace for Financial Hit

According to reports, hundreds and maybe thousands of lawsuits are expected to be filed just on the first day the window takes effect.

Now, many of the major institutions like the Catholic Church and the Boy Scouts that had opposed the law because of the financial questions are bracing for the impact.

The Catholic Archdiocese of New York is already suing their insurance providers to make sure they provide coverage for the lawsuits they are about to face.

The Rockefeller University Hospital, which is being sued by hundreds of people who allege they were abused by a doctor, is also doing the same.

The financial hit these institutions could take just over the next year is huge, and there are examples from other states to prove it.

In 2003, California implemented a similar year-long look-back window. In that time, hundreds of millions of dollars were paid out and thousands of lawsuits were filed, most of which were against the Catholic Church, eventually forcing the Diocese of San Diego to file bankruptcy protection.

Similarly, after Minnesota closed its look-back window in 2016, numerous Catholic dioceses filed for bankruptcy protection as well.

According to reports, officials in the church said they are studying look-back windows in other states to try to estimate what could happen.

“While we do not know what will transpire when the C.V.A. window opens, at this point in time we have no expectation of needing to file for bankruptcy protection,” a church spokesman told The New York Times.

Cultural Shift

Studying look-back windows in other states might not be the best metric.

Some experts have noted the look-back window in New York could possibly create even more lawsuits than have been filed in other states because the national discussion about sexual misconduct scandals, especially regarding minors, has grown significantly over the last few years.

Mobilizations like the #MeToo movement have put accusations against religious organizations, private schools, sports programs, and celebrities in the spotlight. This has both increased awareness and prompted other victims to come forward.

Some notable examples include the numerous allegations against R. Kelly, as well as the dozens of women who have accused Jeffrey Epstein of sexually assaulting them.

The new law is also expected to allow Epstein’s victims to sue his estate for damages.

This cultural shift of victims having more attention and power to take action is not limited to New York.

In fact, New York is just one of 18 states and D.C. that passed similar laws extending their statutes of limitations for children who faced sexual abuse. Though only a few, including New Jersey, passed look-back window provisions.

Regardless, New York’s implementation of the Child Victims Act is significant, especially for the victims. 

“The significance of it is a switch in the balance of power,” Marci Hamilton, the chief executive of the child protection think tank Child U.S.A., told the Times.

“There was a severe imbalance of power that led to their abuse in the first place. The culture shut them out of the legal system until now. For them, this is validation,” she continued.

Until these laws were passed, victims often had very few avenues to seek financial compensation. Catholic dioceses had previously made Independent Reconciliation and Compensation Programs, where victims could apply for settlements if they agreed not to file lawsuits.

According to reports, the Archdiocese of New York alone made agreements with more than 300 people and paid out $65 million to abuse victims.

However, at the same time, some have noted that the look-back window creates both an opportunity and a problem. For victims of child abuse, seeking justice can be powerful, but it can also bring up a lot of pain and trauma.

That conflict is made more complicated by the fact that the new statute of limitations for filing charges against abusers does not apply retroactivity, meaning that it only applies to new cases moving forward, basically requiring any abuse victims over the age of 23 have to bring claims through the look-back window.

“The Child Victims Act opens the door to the courthouse,” Michael Polenberg, the vice president for government affairs at the advocacy group Safe Horizon, told the Times.

“The Child Victims Act doesn’t change the way that our justice system works.”

See what others are saying: (TIME) (NPR) (The New York Times)

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COVID-19 Cases Expected To Surge After Thanksgiving

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  • With coronavirus cases already on a steep rise in the U.S, experts are warning that Thanksgiving travel and gatherings will likely make things worse. Canada, for example, saw a jump in cases after its citizens celebrated the holiday last month.
  • Surgeon General Jerome Adams said that Americans should hold out for a vaccine, which is on the horizon, and be safe this Thanksgiving.
  • A family in Texas is also waring against gathering, saying they learned how dangerous it is the hard way. After celebrating a birthday together, all 15 people who attended the party tested positive for the virus.
  • On top of this experts are also warning against thinking a negative test clears you for socialization. In reality, you can test negative for the virus and still have and transmit it.

Warning From Surgeon General 

As Thanksgiving looms closer, warnings against family gatherings are being echoed by experts and everyday people alike. 

Health officials have been vocal about the threat the Thanksgiving holiday poses when it comes to the coronavirus. The U.S. has seen 12.4 million cases and lost 257,000 lives to the virus, and cases have been on a steep increase this month. The CDC has already warned against travel and experts have said that based on the spike Canada saw after its October Thanksgiving, America is set to go down a similar, or even worse path. 

“I want the American people to know that we are at a dire point in our fight with this virus by any measure,”  U.S. Surgeon General Jerome Adams said Monday on Good Morning America.Cases, positivity, hospitalizations, deaths. We’re seeing more Americans negatively impacted than ever before.” 

Adams said that with a vaccine on the horizon, Americans should just wait out this homestretch and stay put for the holiday.

“I’m asking Americans, begging you, hold on just a little bit longer,” he said. “Keep Thanksgiving and the celebration small and smart this year.” 

Family in Texas Urges Caution

Health officials are not the only ones preaching this advice. In Arlington, Texas, a family that has lived the consequences of gathering without regard for public health is urging people to not make the same mistake as them. The Aragonez family celebrated a birthday earlier this month indoors without masks or distancing. Now, all 15 people who attended tested positive for the virus. 

“We feel guilty for gathering,” members of the family said in a video encouraging caution. “All this pain that my family is feeling, this loneliness, this sickness, this longing to be healthy could have been prevented.” 

“Please don’t be like my family and ignore the CDC guidelines,” one person said. “By staying apart we can fight this virus together.” 

While most cases in the family were mild, one person was hospitalized for over a week.

“One moment of carelessness has cost us a month of peace, has cost us sleep, has cost us laughs, has cost us a lot of money,” one family member told the Washington Post. 

Testing Negative is Not Enough

Many have still forged on with their gathering plans under the false idea that if everyone tests negative before attending, they are in the clear to socialize. However, experts warn this is far from the case.

Just because a person tests negative does not necessarily mean they do not have the virus. Tests are not 100% accurate and it can take days or even a week to test positive for the virus after exposure. Not to mention, people could come into contract with the virus between their test and the family event. 

“A negative result is a snapshot in time,”  Dr. Paige Larkin, a clinical microbiologist at NorthShore University HealthSystem in Chicago explaining to the New York Times. “It’s telling you that, at that exact second you are tested, the virus was not detected. It does not mean you’re not infected.”

While it might slightly minimize the risk of spread, it certainly does not eliminate it. More than anything, it gives people a false sense of security that they have a free pass to go wherever and see whoever they want, despite the fact that it still poses a large health threat.

See what others are saying: (New York Times) (Washington Post) (Associated Press)

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Over 1 Million People Traveled Through U.S. Airports Friday, Despite COVID-19 Warnings

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  • Over 1 million people traveled through U.S. airports on Friday, marking the second-highest single day of airport traffic since the coronavirus pandemic began.
  • The new record comes despite the fact that the CDC has issued a warning against travel for Thanksgiving, encouraging people to stay home instead because COVID-19 cases are already on a steep rise.
  • In Canada, cases spiked after the country celebrated their Thanksgiving holiday in October.
  • While cases were already increasing in the country, contact tracing has linked outbreaks to holiday gatherings, which likely accelerated the speed of spread.

Cases and Travel Both Increase

The upcoming Thanksgiving holiday is expected to worsen the already increasing coronavirus outbreak in the United States. 

Currently, the country has seen over 12.3 million cases and lost more than 256,000 lives to this virus. On Friday, the U.S. broke its record for new cases in a single day, reporting 198,500 cases. The daily average has reached 171,462 cases a day and roughly one-quarter of all cases in the U.S. have come from just the month of November. 

These circumstances paint a grim picture of what could come after all of the traveling and large gatherings that are expected to happen over the holiday, even after repeated warning against doing so.

In fact, the Centers for Disease Control and Prevention has warned against traveling and advised that “postponing travel and staying home is the best way to protect yourself and others this year.”

The CDC told travelers to ask themselves questions, like if cases are high in their home or destination, if their method of travel makes social distancing difficult, and if there are travel restrictions in their area. If the answers to any of those questions are yes, people should “consider making other plans, such as hosting a virtual gathering or delaying your travel.”

Despite these warnings, air travel is on the rise in the country. On Friday, more than 1 million people passed through airports, marking the second-busiest day of air travel since the pandemic began. While this is 1.5 million people less than the same day last year, the travel surge troubles health officials who fear the virus could spread as people gather with their families. 

Case Spike After Canada’s Thanksgiving

All the U.S. has to do is look to its neighbor to the North in order to find out just what kind of impact Thanksgiving can have on coronavirus cases. Two weeks after Canada’s Thanksgiving in October, the country saw a spike in cases. While cases were already on the rise at the time, experts believe that holiday gatherings contributed to and accelerated the spread.

“Cases were indeed increasing already, but we definitely saw an increase in the rate of transmission after Thanksgiving. And we know that Thanksgiving is important for a couple of reasons. One is through contact tracing data,” Dr. Laura Rosella, an associate professor and epidemiologist at the University of Toronto told CBS News.

Contact tracing in the country showed a significant transmission from household gatherings stemming from Thanksgiving. 

“One local health unit that reported about 12 people being infected because of a Thanksgiving gathering,” Rosella explained. 

It’s not the only reason the cases are increasing, it’s not the only setting in which transmission is occurring, but definitely when people gathered indoors it did transmit COVID.”

Superspreading Events

Still, people are more likely to feel safe with their family, no matter how high the COVID-19 risk actually is. Superspreading weddings are among the strongest examples of this, as numerous have led to significant outbreaks because couples thought it was safe to gather with friends, family, and other people they trust.

“Many people don’t believe that you can actually catch it from your family and friends. They feel safe when they are around people that they know,” Karen Potts, the director of the Adams County Health Department in eastern Washington explained to NBC News. “And I think that’s why this sort of event happens. People just feel safe, and they go to the event, and it just spreads so rapidly.”

One August wedding in Maine, for instance, was liked to 177 coronavirus cases and 7 deaths. Many of those cases include people who did not attend the wedding. In fact, none of the deaths traced back to the wedding were attendees. 

An October wedding in Cincinnati led to 32 of the 83 guests getting COVID-19, including grandparents of the bride and groom. In Washington, a 300 person wedding earlier this month has led to 17 people getting the virus so far. 

See what others are saying: (CBS News) (NBC News) (Washington Post)

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12 Million Americans at Risk of Losing Unemployment Benefits After Christmas as Claims Spike for the First Time Since October

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  • Unemployment claims have spiked for the first time since early October, with 742,000 people filing last week. Over 20 million Americans are still collecting some kind of joblessness aid.
  • Meanwhile, a new study found that more than 12 million Americans will lose their benefits the day after Christmas when federal unemployment programs are set to expire if Congress does not extend them.
  • Congress is still at an impasse on another coronavirus relief bill.
  • Meanwhile, large companies like Amazon and Walmart are not giving hazard pay to essential workers even as cases spike and both companies saw major quarterly profits increases.

Claims Rise

The Department of Labor (DOL) reported Thursday that another 742,000 Americans filed for unemployment — the highest spike in claims since early October. According to experts, the new figures are a sign that the recent coronavirus spikes are slowing the economy and companies are cutting jobs.

While 742,000 is less than the millions of claims that were filed back in March and April, it is still more than three times higher than the 210,000 new claims that were filed each week for the first two months of the year before all the shutdowns.

Notably, that newly released number does not include every American who filed joblessness benefits in the last week. There are separate programs for federal workers and veterans, among others. 

One of the largest is the Pandemic Unemployment Assistance (PUA) program for freelancers and self-employed people. This week, the DOL reported that the number of people who filed claims under that program had also increased from last week to just over 320,200. 

Even then, those figures only represent claims filed in the course of the last week, not total unemployment. According to the most recent DOL data, at the end of last month, 20 million Americans were still out of work.

Benefits Expiring and Stalled Stimulus 

Further complicating matters is the fact that the remaining federal benefits approved under the CARES Act are set to expire in mere weeks. 

According to a new report from the progressive think tank The Century Foundation, more than half of those 20 million unemployed Americans — roughly 12 million — will lose their benefits entirely the day after Christmas if those programs are not renewed by Congress and President Donald Trump.

One of those programs is the PUA program, which The Century Foundation estimates would leave 7.3 million people without unemployment benefits. The other program is the Pandemic Emergency Unemployment Compensation (PEUC), which allowed out of work Americans to collect benefits for an extra 13 weeks beyond the usual 26 weeks provided by states.

The loss of that program would leave another 4.6 million without benefits when it expires, the study estimates. Notably, the 12 million Americans who will lose their benefits on Dec. 26 is in addition to the estimated 4.4. million who will have already exhausted their CARES Act benefits before these programs expire. 

While The Century Foundation did find that 2.9 million people who had been on the federal extended benefits would be eligible for state-level extended benefits once the deadline hits, states would have to pick up the tab for those benefits at a time when their funds are totally depleted and Congress has also not helped them since the CARES Act.

But after months of deadlock, the talks largely stalled ahead of the election and in the chaotic aftermath. While key Democrats are seeking to restart those talks this week with Senate Majority Leader Mitch McConnell (R-Ky.) — who has said he wants to pass some kind of bill before the end of the year — it is unclear how the problems that existed for months throughout these negotiations will just go away.

Democrats have been pushing for one large, comprehensive bill worth about $2.2 trillion, and while in the lead up to the election the White House had agreed to a number very close to that, McConnell has refused to bring anything even remotely near that price to that to the floor.

Instead, he has continually pushed for a so-called “skinny” bill that would provide about $500 billion worth of funding.

In other words: despite the repeated abject failures by those in power to give Americans the help they have needed since March, it appears that Congress is still no closer to a deal.

“Congress is set to cut off 12 million Americans from the only thing holding them back from falling into financial wreckage and disaster,” Andrew Stettner, a co-author of The Century Foundation’s study told NPR, adding that Congress’ inability to come up with a deal comes “at a time when things are getting worse with the virus rather than better, making it harder and more dangerous for people to go back to work.”

Lack of Hazard Pay

To that point, it is not just Congress that’s giving American workers a lot of grief. 

Even as the number of coronavirus cases are rising dramatically, retail workers have not been receiving hazard pay, even though major retailers have recently been seeing increased profit margins, and that trend is expected to continue as the holiday season approaches.

According to The New York Times, Amazon — which stopped its $2-an-hour hazard-pay raise for workers earlier this year — has said it was not planning any new hazard pay bumps. The world’s second-largest retailer made this decision despite the fact that it has thrived during the pandemic, reporting last month that its quarterly profit had increased by nearly 200%. 

Amazon has also been subject to much criticism over its treatment of essential retail workers during the pandemic. Among other issues, there have been numerous outbreaks at Amazon warehouse facilities, some of which have been fined as recently as last month for pandemic workplace safety violations.

Meanwhile, the world’s largest retailer, Walmart, also reported a significant increase in quarterly sales this week. While the company said it had paid a series of special cash bonuses to employees throughout the pandemic, it also has not raised wages for workers who are on the frontlines endangering their lives.

Those two companies are not alone: many other large corporations like Lowes and Kroger have also come under fire for refusing to give their employees hazard pay while enjoying high profits. Experts have said that many of these companies can afford to share their earnings, but instead, many are reportedly helping out wealthy shareholders through stock buybacks.

While some lawmakers have tried to step in and help compensate retail workers, efforts to provide hazard pay both in the stimulus bills and in separate legislation have failed.

States Take Action

Notably, some states have been rolling out programs to help their unemployed residents and fill the void left by Congress.

On Wednesday, New York Gov. Andrew Cuomo (D) launched a new online training platform that will provide access to nearly 4,000 online courses and programs to provide New Yorkers with new skills and certificates to advance their careers at no cost.

The tool will specifically focus on training up people for jobs growing, in-demand economic sectors like manufacturing, technology, and health care.

“This new training platform will be key in this effort by ensuring unemployed and underemployed New Yorkers are not left behind by providing access to the resources and training they need to get back on their feet,” Cuomo said in a press release announcing the launch.

While many cheered the new program as a helpful long-term solution to the unemployment crisis, others noted that it will do little to help people in the short term if the federal unemployment benefits expire, underscoring the need for another coronavirus relief bill immediately.

See what others are saying: (NPR) (The New York Times) (The Associated Press)

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