ALBANY, N.Y. (NEWS10) — It’s been three years since the Child Victims Act was passed. Advocates are saying because of a loophole, some sexual abuse survivors haven’t gotten justice.

The Child Victims Act allows a survivor of child sexual abuse to pursue civil cases against a person or institution until they are 55. It also provided a one-year look-back window for victims, regardless of their age, to bring a civil suit. That was extended because of COVID.

However, some advocates say there is a loophole in the law and they want it fixed. “The loophole is that not all victims were able to file claims,” explained Gary Greenberg, CEO of ProtectNYKids Inc. “When some victims went to an attorney, if their case did not involve a rich abuser, or their case did not involve an institution that could be sued, that thousands of these victims were turned away by lawyers.”

Tracy Fitcher is one survivor who said lawyers wouldn’t take her case. “I was a little bit revictimized, each time I had to tell my story and they said no,” she said. “Now mine would have been for a school district.”

Right now, the Assembly has yet to pass a similar bill called the Adult Survivors Act. Greenberg is worried the same loophole will keep many people from getting financial justice. He wants lawmakers to create a victim’s compensation fund for those who couldn’t go to court.

“I suggested we have a fund to have mandatory pro-bono work,” said Greenberg. “Lawyers would have to take a percentage of cases, because they are making a lot of money off these cases. I’ve seen settlements of $900,000, $750,000. Lawyers are getting a third of it. They are making a lot of money and they should give back.”

He said survivors would have to prove they were wronged in order to get money from the compensation fund. A bill was created back in 2018, but has not made it through the legislature.