Articles Tagged with Victoria Medley

32152929167_ec5898bebd_k-300x214Senate Bill S2440, the New York Child Victims Act, was signed into law by Gov. Andrew M. Cuomo on Thursday. The new law, which has been a goal of victims’ rights advocates for years, extends the statute of limitations for child sex abuse victims to file civil lawsuits, reviving old claims that, until yesterday, were time-barred. It also gives prosecutors more time to bring criminal charges going forward.

Survivors have a year from yesterday to bring civil claims for childhood sexual abuse that were previously barred by a statue of limitations. People who now wish to seek civil damages against their abusers can file a lawsuit, no matter how long ago the conduct occurred, as long as the suit is filed within the next 364 days.

If you were sexually assaulted as a child in New York and might be  interested in seeking damages against the abuser, you should consult an attorney as soon as possible to discuss your options. This second chance to hold your abuser accountable goes away soon. This blog post is not legal advice and only a qualified attorney can advise you about how the new law applies to your particular circumstances.

A new law should close an “egregious loophole” that had allowed police officers who sexually assault prisoners to defend themselves by claiming their prisoner consented to the sexual activity. That’s the last thing an 18-year-old woman using the pseudonym Anna Chambers expected to hear when she filed rape charges against two New York City detectives last year.

https://www.zmolaw.com/news/wp-content/uploads/2018/04/Screen-Shot-2018-04-03-at-12.16.52-PM-300x171.pngAccording to Buzzfeed News, in September 2017, Detectives Eddie Martins and Richard Hall stopped Chambers and two friends after allegedly spotting marijuana in the front cupholder of their car. They took Chambers into custody but let her friends go. Then, according to the Buzzfeed report, Martins and Hall forced Chambers into an unmarked police van, where they took turns raping her for almost an hour. Eventually, she was released onto the side of the road. She immediately contacted a friend, who rushed her to the hospital to complete a rape kit. The DNA collected from the kit matched both Martins and Hall, according to Buzzfeed. Chambers assumed that her case against the detectives was a slam dunk: after all, there was positive proof that they had sex with her after detaining her and while they were on duty.

The last thing Chambers expected was for Martins and Hall to claim consent. Remarkably, even though it is illegal for parole officers or corrections officers to have sex with people in jail, the same standard did not apply to police officers who take people into custody. Buzzfeed reported that New York was one of 35 states with a legal loophole that permits law enforcement officials to have consensual sexual relations with detainees in their custody.

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