Class actions are designed for circumstances where the victims have identical or nearly identical harm, or where such small monetary amounts are at stake that individual suits are implausible.
This cannot be permitted to happen to the sex abuse victims in New York, after 15 years of enormous effort to pass the Child Victims Act, who are supposed to be receiving a chance at full justice. The good news is that the class action lawsuit was filed in federal court where class actions must give victims a right to “opt out” of the lawsuit. So every victim will have the opportunity to think carefully about whether a “quickie” class action settlement is truly in her or his best interest.
The public policy problem, though, is that this is a great way for lawyers to benefit while survivors are once again made second-class participants in their own journey to justice. It’s bad enough they were victimized as children; and then they were re-victimized by insultingly short SOLs; but to be re-victimized after the CVA passes by not being taken individually and seriously in their own lawsuit constitutes the wrong result. It violates the spirit and the intent of the Child Victims Act so many labored so long to actualize.
The Democrats` takeover of the formerly Republican-controlled Senate seems almost certain to produce a more victim-friendly policy in place of one of the nation`s most restrictive laws. In New York, victim advocacy groups and their allies in the Legislature have tried for a dozen years to loosen the statute of limitations.
The Child Victims Act is expected to pass in the New York Legislature on Monday, extending the statute of limitations for child sexual abuse claims.
Currently, a victim must bring a claim for child sex abuse by the age of 21 if it is against an institution such as the Catholic Church, a summer camp or the Boy Scouts. The age goes up to 23 if against an individual.
If the Child Victims Act passes, it would increase the age to 55 for both.
"There's no statute of limitations on painful memories,” says Peter, who says his dorm monitor at Mount Saint Michael Academy ...
Victims are coming forward to say Dr. Reginald Archibald photographed them naked and sexually abused them under the guise of doing “growth research” from the 1940s into the 1960s.
They say he volunteered as a "pool doctor" at the Madison Square Boys Club on the Lower East Side, where he was a fixture and conducted physical exams on kids.
Lawyer Jennifer Freeman’s law firm represents more than one hundred accusers. They are senior citizens now but say they’re still haunted by the memories.
“He used it in as an opportunity to engage in child sex abuse,” ...
He was the “pool doctor” at the Madison Square Boys Club, volunteering to give physical exams to poor kids in the Lower East Side youth program. He often stood on the deck, watching them swim and frolic naked.
From 1942 through the ’60s, the late Dr. Reginald Archibald was “a fixture” at the club, which thrived on donations from New York City titans like the Astor family and on the patronage of FBI Director J. Edgar Hoover.
But the 135-year-old institution, which today serves boys and girls in The Bronx and Brooklyn and has a new clubhouse in Harlem under ...
After Jessica Lynn Kanya attempted to sexually abuse a 14-year-old child, she was sentenced to 36 months in prison last March. But Lynn served none of that time behind bars when District of Columbia Superior Court Judge Hiram E. Puig-Lago decided to suspend her sentence.
Such leniency is common in Washington, D.C., RealClearInvestigations has found, because of the difficulty of making cases and the alternative to jail presented by the sex-offender registry. Since 2000, almost half of sex offenders convicted in the nation’s capital—the vast majority child-sex offenders—have had their sentences cut in half or suspended altogether. Judges do not comment on their rulings, but an analysis of the records of 364 D.C. offenders convicted since 2000 shows that such sentencing is a pervasive practice by more than a dozen judges, who are appointed and not elected.
Sentences are often suspended not just for crimes such as sexually touching a child, which carries jail time of 180 days. In dozens of cases, adult offenders facing years in prison received suspended sentences.
Although there is no national database recording the resolutions of alleged child-sex crimes, experts say Washington faces the same challenges in prosecuting such crimes as everywhere else. The reduced sentences reflect the difficulties and peculiarities of prosecuting crimes involving children and sex.
Lawyers representing six current and former Garden City Community College employees who have taken issue with the management of the college filed a lawsuit Wednesday alleging that GCCC and its former president, Herbert Swender, had violated the plaintiffs constitutional rights.
Attorneys Jean ...
Two doctors allegedly abused their authority to prey upon young victims.
In one case, a disgraced University of Southern California gynecologist has led police to a collection of nude photographs that may be connected with the abuse alleged by his patients.
In another case, attorneys of patients who allege a New York doctor, now deceased, may have abused as many as 1,000 young patients over decades want to know what happened to the doctor’s photos. They fear the images may be circulating as child pornography.
Patients seek whereabouts of deceased doctor’s ...
Rockefeller University Hospital on the Upper East Side in New York has acknowledged that Reginald Archibald, an endocrinologist and child growth specialist, most likely sexually abused more than 1,000 child victims over perhaps 40 years, confirmed attorneys representing the abused.
It may be the largest case of sexual abuse by one person in the United States, CBS News reported Tuesday in interviews with some of the survivors, former patients of Archibald, a “highly regarded” growth specialist who claimed to treat children who matured at a slower rate than their ...
Victims gathered outside Manhattan hospital on Tuesday for press conferenceSaid that Dr Reginald Archibald had abused them as children years agoArchibald worked at Rockefeller University Hospital from 1948 to 1982The endocrinologist specialized in childhood growth before he died in 2007Ex-patients say he abused them and took nude photos for 'scientific research'Some 100 ex-patients have joined a legal actions seeking to destroy photosAttorneys for the victims believe as many as 1,000 children were abused Doctor Reginald Archibald's research aimed to help children grow ...