Local officials urge state Legislature to vote on Child Victims Act

By Joseph Phelan
Saratogian
June 19, 2017

http://www.saratogian.com/general-news/20170619/local-officials-urge-state-legislature-to-vote-on-child-victims-act

ALBANY, N.Y.>> On Wednesday, the state Legislature is scheduled to end its annual session, and survivors of childhood sexual abuse, along with public officials, urged the Senate GOP to allow a discussion and vote on the Child Victims Act Monday morning.

“This is an issue that’s crying out for justice. People who have committed criminal acts, particularly heinous criminal acts against children, need to be held accountable,” said Albany Mayor Kathy Sheehan. “And we know if they are not, they continue to abuse, so simply because an individual reaches a certain age it’s not acceptable. It doesn’t give justice to the victim and it doesn’t keep the rest of us safe. It doesn’t protect the children of today, while it’s punishing the children of yesterday.”

Desirae Brown and her sisters were sexually abused by their father in different states. Brown and one of her sisters were abused in Utah and successfully prosecuted their father. He’s serving a 10 year to life prison sentence. Desirae’s sister Melody, however, was abused in New York. The statute of limitations for the crimes committed against her ran out by the time she was ready to prosecute. She was only 24.

Presently, current law allows adults, who suffered sexual abuse as children, up to the age of 23 to file a lawsuit against their sexual abuser. Earlier this month, a bill in the state assembly passed, allowing people up to the age of 50 to bring a lawsuit. The senate bill would eliminate the statute of limitations for prosecuting child sexual abuse crimes and filing civil lawsuits for damages against individuals, public institutions and private institutions related to child sexual abuse. It would also create a one-year revival period for previously time-barred civil actions, which alleged conduct representing the commission of certain sexual offenses committed against a child less than 18 years of age.

The senate bill, however, has not been allowed to be voted on or even discussed.

“We are only waiting on a few to change the lives of thousands and thousands of constituent,” said Saratoga Springs Mayor Joanne Yepsen. “Many of them are mine in Saratoga Springs. We call on all municipalities and legislatures to take a position. This is important, and it affects more than you would ever know because so many stay silent, not knowing it’s a crime, not knowing they would have support, thinking that they might lose the little love that they feel, but that’s not enough. The GOP Senate must not block this vote. Bring it to the floor, and let’s see where they stand. Let’s vote your conscience.”

Mary Ellen O’Loughlin from Perth said her step father abused her and her siblings.

“The average age to come forward is 42. With a statute of limitations that expires by age 23 the majority of victims never have an opportunity for justice in New York,” said O’Loughlin. “And perhaps, even more importantly, abusers remain unidentified in our communities.”

O’Loughlin approached the Saratoga Springs city council last month with her story. The council responded with unanimously passing a resolution in early June that supports the bill.

Joining O’Loughlin was Saratoga Springs native Bridie Farrell. Farrell wanted to be an Olympic speed skater when Andy Gabe, an Olympic medalist speed skater in his 30’s, began molesting her at age 15. Farrell, along with O’Loughlin and others, have used a grass roots effort to garner support.

“[The] next step is having each of our mayors from towns across New York really showing the local people are behind this. And people are going to be behind this from a community base and that’s going to affect the Senators and their jobs going forward,” said Farrell. “People want this passed, and until kids are safe in New York they can’t keep their jobs. So this isn’t about just passing something that’s nice; it’s about making New York safer, which in theory is the reason why these individuals are elected to office, so I encourage people to do what’s right.”

Shaun Dougherty was abused by a priest when he was 10 in Western Pennsylvania. The priest has never been prosecuted because of the expired statute of limitations.

“We have done our due diligence, we have come to Albany, we have gone to the churches, we have scientific facts on our side, we have the governor on our side, we have the assembly on our side...why is this process not allowed to go through?,” said Dougherty. “I’m incredibly disappointed and very disgusted..just because [Republicans] don’t like what the outcome is going to be if they allow this to vote, is not a reason not to let it go through. We have a system of justice, and I deserve my justice.”

Farrell said only six percent of abuse is in the Catholic Church.

“I think we need to get the conversation away from the Catholic church. It’s a big problem, but there’s a lot of abuse elsewhere. The majority of abuse is done within families, and these people don’t have money. There’s no dollar amount that we are going for. It’s not about that,” said Farrell. “It’s about when I got to a skating rink and I see little kids skating around, I do not want them to have the thoughts that have gone through my head. That’s what this is about. It’s not a dollar amount against an institution.”

Farrell encouraged Senate members to at least bring the bill to the floor.

“If there’s a discrepancy on the ages, if there’s a discrepancy on the one-year look back--Let’s get the leaders together,” said Farrell. “Come to a table and have the leaders have a discussion.”