State Assembly Announces Revised Child Sex Abuse Victims Bill Could Pass by Next Week
By Kenneth Lovett
The state Assembly Friday introduced a reworked bill designed to make it easier for child sex abuse survivors to seek justice as adults — and it’s expected to pass as soon as next week. The bill goes slightly further than a previous version that had been criticized by abuse survivors, who now support it. Bill sponsor Assemblywoman Linda Rosenthal (D-Manhattan) said the plan is to move the bill through committee starting Tuesday and then have a full floor vote later in the week. “It’s the culmination of years of work on this issue — and 2017, it’s high-time we get it done,” Rosenthal said. The Assembly previously passed versions of the Child Victims Act four times — but none since 2008. Rosenthal called child sex abuse “an epidemic.” “In New York, these children are denied justice and their predators walk free because of our antiquated statute of limitations,” she said. The new bill would allow victims to bring civil lawsuits up until they turn 50-years-old. Under current law, they have until their 23rd birthday. It would also allow criminal cases to be brought until a victim’s 28th birthday if it’s a felony or 25 if it’s a misdemeanor — an extension of five years for both.
The bill includes a one-year window to revive old cases that can no longer be brought under current law. The Assembly previously sought a six-month window that advocates said wasn’t long enough. And it would treat public and private institutions the same when it comes to sex abuse cases. Currently, someone abused at a public institution must notify of an intent to sue 90 days from the incident occurring. The bill would also require the court system to provide training for judges about crimes involving the sexual abuse of minors and would require the courts to expedite revived cases. Assembly Speaker Carl Heastie (D-Bronx) said the bill “is fundamental to ensuring that adults who were victims of sexual abuse are able to seek the justice they deserve.” He added it would help authorities identify predators “and protect other children from the lifelong toxic effects associated with childhood sexual abuse.” The bill does not go as far as one pushed by Sen. Brad Hoylman, a Manhattan Democrat who would eliminate the statute of limitations attached to child sex abuse cases. Advocate Marci Hamilton called the Hoylman bill “the gold standard” but said the Assembly version is “an excellent step forward.” Gary Greenberg, an upstate investor and child sex abuse victim, agreed, saying “it’s getting so late in the legislative session that advocates are going to have to get the best bill we can get.” The state Catholic Conference headed by Timothy Cardinal Dolan continues to oppose “an unlimited retroactive window,” organization spokesman Dennis Poust said. “That being said, we are certainly supportive of prospective changes to give victims more time to bring lawsuits and, more importantly, to bring predators to justice through the criminal system,” Poust said. He added that “we’re willing to work with any legislators of good will who are open to addressing this issue in a comprehensive way that does not devastate private institutions, in particular.” Even if the Assembly passes the measure, it faces a major hurdle in the GOP-controlled Senate that has blocked it for years. Senate GOP spokesman Scott Reif said “we continue to review this issue.” While the Senate has never passed the Child Victims Act, Reif argued that Senate Republicans have been “at the forefront of protecting New Yorkers from dangerous predators” through other measures that have passed the chamber. The legislative session is due to end June 21.
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