Changes in NY Legislature Will Lead to False Allegations

Criminal Defense Attorney Pointing a Finger

When an opportunity to make a quick buck presents itself, there is no doubt people will take it. Typically, this impulse plays a role in activities like gambling, day trading, and pyramid schemes. However, some people take it a step further and are willing to tarnish others’ social images for the sake of making money, and this is what is happening as a result of New York’s Child Victims’ Act.

Child Victims Act & Sex Abuse Claims

The Child Victims Act (CVA) is a landmark piece of legislation that allows New York residents to file civil cases against alleged abusers and/or the private or public institutions that either took part in the alleged abuse, protected the alleged abuser or were negligent in preventing potential abuse scenarios.

People filing civil cases against alleged abusers is nothing new, but the Child Victims Act did away with the statute of limitations, which means any New York resident can sue an alleged abuser and/or institution regardless of how its been since the alleged abuse occurred.

As a result of the legislation, thousands of cases have been filed and an estimated tens of thousands will be filed before the August 14, 2020 deadline. Some people are seeking real justice, but there is no doubt that some of these cases are fabricated for one single purpose: to make money.

Civil Sexual Abuse Claims & Scammers

As previously stated, the Child Victims Act allows alleged victims to sue their alleged abusers and/or the institutions that somehow allowed the alleged abuse to occur. While some alleged abusers have little to their names, and thus, nothing to sue for, the institutional ties that some alleged abusers have could return hefty profits in “successful” claims.

Unfortunately, this means that scammers may target innocent men and women in an attempt to stick a Child Victims Act lawsuit to a major organization. Sadly, the organization may be willing to settle a fake allegation for a substantial amount of money, throwing the innocent man or woman under the bus by making them look guilty of wrongdoing.

In this scenario, the organization is extorted, the alleged abuser’s good name is soiled, and the alleged victim walks away with easy money.

However, some scammers will bypass the corporation angle and make false allegations against men and women whom they know have assets to their names. In these scenarios, the scammers will probably have had close relationships to the targets, making sexual abuse seem plausible although it never happened.

Regardless of the type of scam, if you or a loved one is accused of sexual misconduct under the Child Victims Act, it’s essential you hire an experienced attorney for your case.

Fighting Child Victims Act Claims

For the plaintiff to win a Child Victims Act claim, he or she must prove that the defendant(s) is guilty of sexual misconduct as defined by Penal Law Article 130.

Penal Law Article 130 is New York’s definition of a sex offense, which practically means that the plaintiff must prove that the defendant committed a criminal offense to win his or her suit.

Therefore, any person accused under the Child Victims Act should hire a criminal defense attorney for their counsel.

Attorney Eric Schillinger has experience helping clients fight against allegations of sexual misconduct, which means he has the exact experience you’d want to have when defending against a Child Victims Act case. If you want criminal defense that gets results, you want the Law Office of Eric Schillinger.

Call (518) 413-0889 now to set up a free consultation with attorney Eric Schillinger about your case.