By Omar Rosales Esq.
On February 14, 2019, Governor Andrew Cuomo of New York 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.
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.
Changes
The Child Victims Act makes three important changes to New York law:
1) 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.
2) 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.
3) 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.
Institutions now Liable
The institutions that employed the abuser are now liable. 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.
The Archdiocese of New York recently published a list of credible abusers in its ranks. The list can be accessed here: https://archny.org/list
Anyone who may have been victimized by these abusers is encouraged to contact an attorney to begin litigation within the one-year window starting on August 12, 2019.
Other Catholic church administrations including the diocese of Buffalo, Albany, Brooklyn, Ogdensburg, Rochester, Rockville Centre, and Syracuse are expecting claims and are aware of the Child Victims Act.
How Applies to NXIVM and ESP, Inc.
Anyone who was a child victim of Keith Raniere is encouraged to seek legal assistance to begin a lawsuit in August 2019 against the group. Now, the facts show that the corporation known as ‘ESP, Inc.,’ and functioning as ‘NXIVM’ was not fully compliant with the corporate laws of New York during is existence. The company’s registration lapsed, tax returns were not filed, and tax returns may have been faked. Thereby, the corporation may not be a valid entity to shield its Directors and leaders from liability.
If those facts are presented to a jury, that the organization’s leaders engaged in racketeering and the ESP, Inc., corporate structure did not exist or was negated by criminal activity (or failure to file reports and tax returns), then the Board members can be sued under the New York Child Protection Act as being the ‘institutional actors’ that allowed Raniere’s abuse to continue.
Therefore, a new wave of lawsuits is expected against Sara and Clare Bronfman since they were the prime benefactors and funding source that allowed Keith Raniere to prey upon young girls. Regarding their respective locations: Sara Bronfman currently resides in the Provence Region of France and is attempting to avoid efforts to be returned to the United States. Clare Bronfman is currently under house arrest in her apartment in Queens, New York as she awaits sentencing on Federal charges of harboring an alien and identity theft.
If you feel you might have a claim under the Child Victims Act or would like more information, feel free to contact my office at (646) 405-6369 or email me at omar@owrosales.com
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
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As Dean Wormer said Lets cut the bullshit. A childs worst enemies in New York are Cuomo and his like minded minions
No Jail for School Bus Driver Who Raped 14-Year-Old Girl
https://www.breitbart.com/crime/2019/04/28/no-jail-school-bus-driver-who-raped-14-year-old-girl/
In the words of the late Dean Wormer….. Let’s cut the bullshit. The biggest threat to children in New York is Cuomo and his evil minions.
This is the reality of New York
No Jail for School Bus Driver Who Raped 14-Year-Old Girl
https://www.breitbart.com/crime/2019/04/28/no-jail-school-bus-driver-who-raped-14-year-old-girl/
A lawsuit MUST be brought on behalf of Rhianon at the very least. I’d go fund that in a heartbeat.
As I’ve said, I’m not so sure it’s not — was ever — too late for criminal charges to be brought against Raniere in Rhianon’s case, bc Rhianon was a 12-yr-old “child” — not only underage like my sister Gina and her peers who were 13 and older when KAR first raped them a few years prior to Rhianon.
Laws on the books in 1990 when KAR perpetrated the “predatory course of conduct against a child” as the crime Keith committed against Rhianon was labeled under NY State law at the time —and was specifically defined as “repeated intercourse with anyone under the age of 13 over the course of more than 3 months time” — exactly what occurred — carry no time statutes, no time limits, for prosecution!
[I’ve previously posted the online version of these statues from I believe 2002 on FR. But I looked up the 1990 law once in a law library in Albany in 2011 when the Albany TU legal team was haggling over it. Jim Odato went with their verdict not mine — 😆 ]
The NDNY and State could still probably prosecute Raniere for this non-time barred 1990 crime and most definitely could, should, prosecute Raniere and any accomplices for the sexual exploitation crimes against the “15 yr. old” Fernandez girl and possibly others including her younger brother, Adrian Fernandez.
For starters, these are current crimes — the photos found so far may have been taken in 2005 but possession of them alone is a felony.
Especially if the NDNY or State remain derelict in their duty to investigate and charge NX crimes such as these that fall within their jurisdictions and CANNOT be prosecuted in the EDNY’s case, civil litigation such as our good Counselor Omar Rosales here suggests may, sadly, be these victims’ only real recourse for true Justice to finally be heard, potentially prevail and prevent the recurrence of these heinous crimes on children and teens in the NYND and New York State Capital district.
(NYS nor NDNY apparently can’t even shut down the Rainbow Vulture Garden and Alex Betancourt’s Saratoga kiddie diddly shop.)
Attorney Omar,
Excellent article. I think you should use a more professional looking photograph.
Niceguy- too funny! I’d have to agree about the photo choice. Looks rather “high school-ish”
When Vanguard gets out we will see the real day of reckoning. And the first item of Business is shut down this shit website. You readers better enjoy while you may for frank report can kiss tomorrow goodbye once Keith is free and then we sue Omar. Sara knows what he’s done to her.
Innocent men should not be put in prison when they merely give to young ladies what they deeply desire. And they need.
Yolanda,
Aren’t there ways for young ladies to give themselves pleasure without the intervention of a male?
No one objects to young ladies pleasuring themselves. privately.
And when the young ladies reach the age of consent then they can have a sexual partner.
Without being too graphic as a young gentleman I knew how to pleasure myself without the intervention of anyone else.
I assume young ladies can be equally resourceful.
This new law is ridiculous. The age of consent laws should be modeled after Mexico.
Yolanda,
Are you a member of the Society of Alice?
An organization that advocates the lowering of the age of consent.
I’m sure Woody Allen would be a contributor.
Be sure to know the character and background of any lawyer representing you.