BishopAccountability.org

The way forward on the statute of limitations for child sex abuse

By Jeffrey Klein
New York Daily News
June 6, 2017

http://www.nydailynews.com/opinion/statute-limitations-child-sex-abuse-article-1.3225511

Never too late for justice
Photo by Jefferson Siegel

A sex offender is like a predator in the wild, blending into the background hunting for his prey. Sadly, when it comes to a depraved individual who strikes our children, a predator’s hunting ground is likely the home, a school, a religious institution or an after-school activity — the very places where a child is supposed to feel the most safe, and will likely remain quiet about abuse.

Sexual predators cause irreparable emotional damage that could last a lifetime, and because their victims were scared to speak out at the time abuse occurred, some of these dangerous criminals remain unpunished for their reprehensible deeds.

We’ve found it’s only years later that people typically step forward to tell their stories, and for many victims it’s too late, because New York’s statute of limitations leaves a child sex abuse victim without a venue for justice.

In the state Senate, I plan to change that by introducing a new version of the Child Victims Act to give every person victimized by a sexual predator their day in both civil and criminal court.

I would be remiss if I did not applaud Sen. Brad Hoylman (D-Manhattan), a tireless advocate for this issue, whose legislation I co-sponsor. His bill is laudable, but has faced snags in passing the Senate because it includes a one-year lookback period for past civil claims.

To remedy this, I propose the creation of the Child Victims Commission, which would consist of five members appointed by the chief judge of the Court of Appeals. One member must be a former district attorney or assistant district attorney, and another must be a defense attorney.

The Office of Court Administration would create rules and regulations for the Child Victims Commission, which would be tasked with the very important responsibility of reviewing all time-barred civil claims within a one-year window to determine if a case can move forward. They would do so by majority vote.

A victim who files a claim with the Child Victims Commission would be notified of the panel’s decision, and upon a finding in the victim’s favor, could then proceed to file a civil action for damages within a one-year window.

The Child Victims Commission would also submit a report to the chief judge of the Court of Appeals, the governor, the Assembly speaker and the temporary president of the Senate within two years, including information on the number of claims filed, the number approved and denied, and the age of the claims.

This is a corrective action to give victims the day in court that they deserve.

If my legislation became law, moving forward, every victim who was sexually abused as a child would have the right to file a civil suit without the fear of a deadline. Under current law, the victim of a crime can only sue the perpetrator until the victim is 21 years of age for most sex crimes committed. Even for the most heinous sex crimes committed by a perpetrator such as rape in the first degree, the victim must bring a civil lawsuit before the victim is 23 years old. Many of these victims are so emotionally traumatized and unable to come forward until well into their adulthood.

Repealing the deadline for civil suits for future claims will enable victims to confront their accuser in court and seek solace with the result.

Further, my legislation removes the deadline for criminal prosecution. Under current law, prosecutors can only bring charges against a perpetrator for most sexual crimes until the victim reaches the age of 23. Sexual predators are ticking time bombs that must be removed from our communities. Removing this deadline will allow prosecutors to pursue justice for the victims of sexual abuse whenever and wherever the evidence takes them.

Over the past few years, I have met and spoken with advocates on this issue, many of whom have been the victims of abuse themselves.

We pass legislation to protect our children from sexual predators in the Senate every year. This year, I passed legislation to stop sex offenders from playing Pokemon Go, to keep high level sex offenders away from preschools, and to ensure that sex offenders are not living next to children in family shelters.

It is only right that we do the same for those brave adults who stepped forward and need justice for the traumatized child deep inside.




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