Catholic bishop organization in N.Y. wants to do away with legal time-frames in sex abuse cases

By Kenneth Lovett
New York Daily News
June 3, 2017

http://www.nydailynews.com/new-york/n-y-catholic-bishops-time-frames-sex-abuse-cases-article-1.3218192

Timothy Cardinal Dolan heads the state Catholic Conference. Photo by Marcus Santos

A Senate version of the Child Victims Act sponsored by Sen. Brad Hoylman (D-Manhattan) would do away with the statute of limitations on criminal and civil child sex abuse cases. Photo by Jefferson Siegel

"I think that's the pot calling the kettle black," said Kathryn Robb, a child sex abuse survivor and advocate, of the Catholic Conference criticizing the Senate. Photo by Jefferson Siegel

ALBANY — The organization representing the state’s Catholic bishops says it supports doing away entirely with the legal time-frames to bring criminal charges in sexual abuse cases.

Dennis Poust, a spokesman for the state Catholic Conference headed by Timothy Cardinal Dolan, told the Daily News on Friday that his organization continues to oppose a one-year window to revive old cases, but supports doing away entirely with the statute of limitations pertaining to criminal sex abuse cases.

Poust went even further on Twitter on Saturday, accusing the Assembly Democrats of protecting predators with its new bill unveiled Friday and expected to pass the chamber later this week.

The Assembly bill would increase the current statute of limitations in criminal sex abuse cases by five years — meaning a felony case could only be brought up until a victims’ 28th birthday. For misdemeanors, cases would be allowed until a survivor's 25th birthday.

"Assembly bill protects pedophiles by only adding five years for criminal charges," Poust tweeted. "Why? Criminal (statute of limitation) should be eliminated completely."

In a subsequent phone interview, Poust argued that "if it takes survivors decades to come forward, what is the justification of an age 28 criminal statute of limitation? Shouldn't we be holding abusers accountable themselves? Shouldn't they be facing the music?"

He added that the most important thing "is getting these people off the street. (The Assembly bill) doesn't do enough to get people off the street. It adds five years to the criminal statute of limitation. Big deal."

The comment drew immediate condemnation from sex abuse survivors. While they support doing away with the criminal statute of limitations, several couldn't believe it was the Catholic Church that has long been accused of protecting pedophile priests accusing the Assembly of protecting predators.

"I think that's the pot calling the kettle black," said Kathryn Robb, a child sex abuse survivor and advocate. "The church has been hiding sexual predators for years. The very fact that they've been stopping this legislation to protect their own financial interest over the interest of kids, it's outrageous they're accusing the Assembly of that."

She called the Assembly bill "a big step for the children of New York" and praised the Democrats for pushing the issue forward this year. The Assembly has passed a Child Victims Act four times, but not since 2008.

Assemblywoman Linda Rosenthal, the Manhattan Democrat sponsoring the Assembly version of the Child Victims Act, said she's "dumbfounded" by Poust's comments.

"It's mind boggling," Rosenthal said. "I can only laugh."

A Senate version of the Child Victims Act sponsored by Sen. Brad Hoylman (D-Manhattan) would do away with the statute of limitations on criminal and civil child sex abuse cases, a version of the bill Robb on Friday called "the gold standard."

Rosenthal's bill would increase the criminal statute of limitation by five years but would allow for civil lawsuits to be filed up to a victims' 50th birthday.

Like Hoylman's bill, the Rosenthal legislation includes a one-year window for victims who can no longer bring cases under current law to be able to do so, something the Church and other groups like the Boy Scouts vehemently oppose.

The two bills would also treat public and private institutions the same when it comes to child sex abuse.

Poust said the Catholic Conference supports raising the timeframe that a survivor can bring a civil lawsuit, though the organization has yet to take a position on how high it should go.

The Church also strongly supports treating public and private institutions the same under the law. Currently, someone abused in a public institution has just 90 days from the incident occurring to file a notice of intent to sue. The Assembly and Senate bills would get rid of the 90-day notice requirement.

While Robb supports doing away with the criminal statute of limitations for sex abuse cases she said it's even more important to increase the timeframe someone can bring a civil case.

"The criminal end is a little bit murkier," she said. "One, there is discretion by the district attorneys and 2, the burden of proof is so much higher. The civil end protects children more because it more readily exposes child sexual predators."

Even if the Assembly passes the bill next week, the issue faces a huge obstacle in the Republican-controlled Senate, which has blocked passage Child Victims Act legislation for years.

A Senate GOP spokesman said on Friday the Republicans continue to review the issue.

The legislative session is scheduled to end June 21.