She was 17 years old when she met Epstein, so the photo has to be age 17 and older. Now I understand - the Child Victim's Act in New York specifies age 18 and older. Does it work like this: if Giuffre is considered a 17.5 year old child, she doesn't have to provide evidence of rape, if she is considered an 18 year old adult, she does?
So this is a civil suit, not a criminal one. It's one that she brought on her own, not the state on behalf of her. In her Complaint, her two counts are Civil Battery and Intentional Infliction of Emotional Distress.
On a Cursory read, it seems that the Child Victim's Act extends the time to bring a claim which would have otherwise been barred under the statute of limitations. However, I'm not a NY attorney and may be wrong in my cursory review.
She brought her complaint under Section 214-G.
SECTION 214-G
Certain child sexual abuse cases
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 214-g. Certain child sexual abuse cases. Notwithstanding any
provision of law which imposes a period of limitation to the contrary
and the provisions of any other law pertaining to the filing of a notice
of claim or a notice of intention to file a claim as a condition
precedent to commencement of an action or special proceeding, every
civil claim or cause of action brought against any party alleging
intentional or negligent acts or omissions by a person for physical,
psychological, or other injury or condition suffered as a result of
conduct which would constitute a sexual offense as defined in article
one hundred thirty of the penal law committed against a child less than
eighteen years of age, incest as defined in section 255.27, 255.26 or
255.25 of the penal law committed against a child less than eighteen
years of age, or the use of a child in a sexual performance as defined
in section 263.05 of the penal law, or a predecessor statute that
prohibited such conduct at the time of the act, which conduct was
committed against a child less than eighteen years of age, which is
barred as of the effective date of this section because the applicable
period of limitation has expired, and/or the plaintiff previously failed
to file a notice of claim or a notice of intention to file a claim, is
hereby revived, and action thereon may be commenced not earlier than six
months after, and not later than two years and six months after the
effective date of this section. In any such claim or action: (a) in
addition to any other defense and affirmative defense that may be
available in accordance with law, rule or the common law, to the extent
that the acts alleged in such action are of the type described in
subdivision one of section 130.30 of the penal law or subdivision one of
section 130.45 of the penal law, the affirmative defenses set forth,
respectively, in the closing paragraph of such sections of the penal law
shall apply; and (b) dismissal of a previous action, ordered before the
effective date of this section, on grounds that such previous action was
time barred, and/or for failure of a party to file a notice of claim or
a notice of intention to file a claim, shall not be grounds for
dismissal of a revival action pursuant to this section.
Legislation