Tag: Arizona Child Protection Act

REVIVAL WINDOW FOR ARIZONA CHILD SEX ABUSE SURVIVORS CLOSING DECEMBER 2020

REVIVAL WINDOW FOR ARIZONA CHILD SEX ABUSE SURVIVORS CLOSING DECEMBER 2020

In an effort to empower survivors of child sexual abuse in Arizona to pursue justice through the court system, advocates and lawmakers fought hard and finally won the passing of the Child Protection Act on May 7, 2019. This new law opened a revival window which gives all survivors more time to file lawsuits for their abuse. Survivors over the age of 30 in Arizona only have until December 30, 2020 to file their civil claims that had previously expired. Once the window closes, their claims will revert to being time-barred.

Prior to the passing of this law, Arizona’s statute of limitations (SOL) was one of the shortest in the United States, making it amongst the worst for survivors. They were forced to file claims for their abuse by age 20. According to mental health experts and sexual abuse advocates, it can take decades for survivors to process what happened to them, and find the courage to speak about their experience. Many victims are afraid they won’t be believed, or are just too ashamed to talk about the trauma of the abuse.  According to science, the average age child sex abuse victims disclose their abuse is age 52.

Under Arizona’s Child Protection Act, all children currently being abused will have until they reach age 30 to file a civil suit against not only their abuser, but against other individuals, entity or the government for intentional and negligent conduct, including the failure to report child sexual abuse. The claims of adults under age 30 who were abused as children, are revived. They have until they reach age 30 to sue. Adults age 30 and older, can sue only while the revival window is open, until December 30, 2020. In comparison to other states, Arizona’s 19-month window is shorter than the average, but it does include liability for abusers and any individuals or entities that enabled the abuse.

The statistics are devastating. Today in America, every 73 seconds, someone is sexually assaulted. Every 9 minutes, that victim is a child. About 1 in 10 children will be sexually abused before their 18th birthday. Only 5 out of every 1,000 perpetrators will end up in prison. Sixty percent of child sexual abuse victims never tell anyone. All abusers, other individuals, entities or government officials who were negligent in failing to report child sexual abuse must take responsibility and be held accountable. 

Horowitz Law is a law firm representing victims and survivors of sexual abuse in Arizona. If you or a loved one was sexually abused, raped or sexually molested, contact our law firm at (888) 283-9922 or send an e-mail to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com for a free consultation.