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  Pol behind Sex Abuse Bill Knows a Victim's Anguish

By James T. Madore
Newsday
April 21, 2009

http://www.newsday.com/news/local/state/ny-stabus2212679145apr21,0,531230.story

ALBANY - The anguish of a young man unable to sue the Catholic priest who allegedly abused him sexually years earlier has driven Assemb. Margaret Markey to push for a temporary lifting of the statute of limitations on such cases.

The young man, a friend of Markey's three children, went to her Maspeth home several years ago seeking help. Her husband, Charles, a state Supreme Court judge, determined the claims were too old to be pursued legally.

The young man "told us he was sexually abused by a parish priest and it had happened many years ago," Markey said Tuesday. "It turned out he was time- barred . . . I sat there and I said, 'Well, I'm an assemblywoman, I can do something about this.' "

In 2006, the Democrat introduced a bill giving abuse victims a one-year window to file suit in civil court regardless of how long ago the assault occurred. The measure also adds several years onto the current time limit, which is five years after an accuser turns 18.

Markey's bill has passed the Assembly three times, only to die in the then-Republican-controlled State Senate. She said Tuesday she was "cautiously optimistic" the bill would be adopted now Democrats run the Senate.

She also dismissed the possibility of a veto by Gov. David A. Paterson, who has said he supports a rival bill that doesn't allow a reopening of old claims of sex abuse.

Seeking to improve the chances of passage and combat critics, the press-shy Markey held a news conference Tuesday in the capital with abuse victims and their supporters.

The New York chapter of the National Organization for Women and a prominent group of African-American clergy announced support for the bill.

"It is a shame we have to fight against the [Catholic] church in this," said the Rev. Anthony Evans, president of the 34,000-member National Black Church Initiative. "It breaks my heart."

The Diocese of Rockville Centre and others oppose the Markey bill, saying it unfairly targets the Catholic Church by exempting public schools and other local governments.

The church in New York asserts the bill could bankrupt it here. The bill "involves a thinly disguised targeting of the Catholic Church by a coalition of trial lawyers who seek to enrich themselves by seizing Church properties," according to the state Catholic Conference.

The church backs a bill sponsored by Assemb. Vito Lopez (D-Brooklyn) that contains no "open window" provision.

Markey's legislation is modeled on laws in California and Delaware. Other states such as Colorado, Michigan, New Jersey, Ohio, Pennsylvania and Wisconsin have rejected such measures.

"Most legislatures have seen it for what it is: an unfair, bad bill that selectively targets religious and private institutions, and gives a free pass to public institutions where the majority of the abuse occurs," said the conference's Dennis Poust.

Markey said her bill treats all employers equally. She predicted the Assembly would vote on it soon.

 
 

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