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Davis, Lang Travel to Albany in Support of Bill That Would Extend Statute of Limitations

By David Propper
Daily Orange
February 29, 2012

http://www.dailyorange.com/news/davis-lang-travel-to-albany-in-support-of-bill-that-would-extend-statute-of-limitations-1.2800787#.T04nkvX3PxE

(From left) Bobby Davis, Gloria Allred and Mike Lang appeared in Albany on Tuesday to show support for a new bill that would extend the statute of limitations for child sexual abuse cases.
Photo by Sammi Charen

Albany -- Two of Bernie Fine's accusers came to Albany on Tuesday to show their support for a bill that would extend the statute of limitations concerning child sexual abuse.

Bobby Davis, 40, and Mike Lang, 45, along with their attorney, Gloria Allred, appeared at a press conference in the Legislative Office Building for the Child Victims Act that would change both the civil and criminal constraints faced by accusers. The bill, sponsored by Assemblywoman Margaret Markey, would extend the statute of limitations for child molestation.

Under the current New York state law, the statute for prosecuting a child sexual offender runs out after 10 years. The new law Markey is sponsoring would allow the statute of limitations to continue until the victim is 28 years old. Additionally, the law would give victims a one-year period to sue their abuser no matter how old the victim is.

Davis and Lang both accused Fine of sexually abusing them when they were children. Fine was fired from Syracuse University in late November. He has denied all wrongdoing and has not been charged.

Though both Davis and Lang were in attendance, only Davis spoke during the press conference. Lang stood shoulder-to-shoulder with Davis and Allred, but he did not say anything.

Davis said, based off his own abuse, it's important that this bill becomes a law because it would protect children.

"Children should be our main focus because they are innocent and vulnerable," Davis said at the lectern in a prepared statement. "Because of my personal experience, I feel that the current law does not protect the victim, but instead protects the abuser."

Because of the one-year window, if the bill were to become a law, both Davis and Lang would have the opportunity to sue Fine. When asked if the two former ball boys would sue Fine, Allred said they would think about that possibility if the bill is passed.

"Without it, they will be denied their day in court with their alleged perpetrator of childhood abuse," Allred said.

Allred stated that she strongly feels there is no choice but to pass this bill.

"A failure to allow this bill to come to a vote is the same as voting in favor of a sexual predator," she said.

But the one-year period is an aspect of the law that has stopped other attempts to get a revamped sexual abuse law in place. The bill has passed through the assembly each of the four times Markey has brought it up, only to fall when it reached the Senate. The primary concern is that a one-year period would bring a slew of unwarranted lawsuits.

Markey said that wouldn't be the case and that a very small number of accusers lie about their abuse. California adopted a law including a one-year period, which resulted in less than 900 lawsuits.

One organization that has strongly opposed the bill is the New York State Catholic Conference. The conference said Tuesday that the bill has fatal flaws and "changes the rules after the fact and eliminates an essential protection against fraudulent claims," according to a Feb. 28 article by The Associated Press.

Robert Hoatson, the co-founder and president of Road to Recovery, an advocacy group for victims of sexual abuse, said it's the inaction of a few legislatures that has prevented this bill from already being put into law.

"It's an abomination that New York state still has not recognized that childhood sexual abuse is an epidemic and the predators can't be protected anymore," Hoatson said.

During a symposium that examined scandals in sports at the S.I. Newhouse School of Public Communications last Thursday, Hoatson said he was assisting another victim, who he said was abused by a different head coach at SU. He didn't name the coach.

When asked, he said he had no additional information to provide concerning the victim or the unnamed coach to whom he referred.

Allred said she plans on returning with Davis and Lang to talk with other legislators in an effort to push the bill through. Allred said both New York senators could not be reached because they were not in Albany on Tuesday.

Davis said though the three-month microscope has been a difficult ordeal, his wife and two children motivated him to continue his fight.

"I got to keep going no matter what," Davis said while surrounded by reporters after the press conference. "There is going to be an end somewhere, and hopefully that's the best end for everyone."

Contact: dgproppe@syr.edu




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