The New York Law Journal recently published the article, “What is the Standard of Care That Applies to a Case Brought Under the Child Victims Act?” written by Fullerton Beck partner Glen Feinberg. While there is no disputing that sexual abuse against anyone – adults and children alike – is an unthinkable violation, Glen asserts that the courts should judge a defendant’s actions based on the standards of knowledge and the practices and procedures that were generally accepted at the time of the alleged abuse. By reviving time-barred claims and extending the statute of limitations for child sex abuse until the victims’ 55th birthday, many of the cases that will be heard in our courts system will be for alleged acts during times when the standard of care for children in camps, schools and youth organizations was vastly different than it is today. The article uncovers research to explain why it would be fundamentally unfair to hold organizations liable for not living up to information and standards that did not exist decades ago.

Read the article