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Push to Extend Abuse-claim Limit Fails in Budget Talks

By Joe Mahoney
Daily Star
March 29, 2018

http://www.thedailystar.com/news/local_news/push-to-extend-abuse-claim-limit-fails-in-budget-talks/article_f43e7591-f21b-576c-bbb6-662796ac744a.html

Advocates for a one-year window to allow child victims of sexual assault to bring civil suits against molesters and employers who enabled abuse said Thursday they are deeply disappointed that the measure was sliced out of state budget negotiations.

Those crusading for the Child Victims Act — legislation that has been opposed by the state's Roman Catholic bishops, some youth groups and the insurance industry — said they will resume their push in Albany's post-budget legislative session, which closes in mid-June.

The one-year revival is intended to arm victims with the ability to pursue legal claims even decades after they were molested.

"We're going to continue our grassroots effort and I think it's highly likely we're going to make this happen," said Bridie Farrell, a Saratoga Springs native and former Olympic speed skater who was molested by an adult male when she was 15.

State Senate Republicans, who control the upper chamber of the statehouse, succeeded in having the measure cut out of the budget legislation submitted in January by Gov. Andrew Cuomo, a Democrat.

Critics of the measure say it would lead to an evidentiary nightmare for New York's courts.

The Child Victims Act was vigorously opposed by the state's Catholic Conference, an organization that represents the leaders of the Dioceses of Buffalo (a territory that includes Niagara County); Ogdensburg (spanning the North Country); and Albany (a diocese that extends to the Oneonta region.)

A Catholic Conference bill memo, circulated to all state lawmakers, objected to the legislation, noting it would raise the civil statute of limitations until a victim turns 50 years old in addition to offering a retroactive window that allows "old lawsuits to be brought no matter how long ago the incident occurred."

"Clearly the bill’s focus on lawsuits against organizations, rather than punishing predators and removing them from our communities, does not in any way achieve a goal of protecting children today or in the future," the Catholic Conference stated.

The bishops said they instead support another bill that would eliminate the criminal statute of limitations for sexual assault upon a child, add clergy members to the list of those mandated to report child abuse and require criminal background checks on all workers and volunteers who deal with children in a public or non-profit setting.

The scuttling of the measure comes less than a month before special elections for several vacant legislative seats in Albany could tip the balance of power in the state Senate, where the GOP majority is clinging to power.

"I think when New Yorkers learn that our state has the most punitive statute of limitations for these crimes in the country, they're going to take that issue to the polls," said Sen. Brad Hoylman, D-Manhattan, one of the co-sponsors of the Child Victims Act.

Those backing the bill have become increasingly aggressive in their advocacy, including staging a recent demonstration outside the Long Island home of Sen. John Flanagan, R-Suffolk County, Albany's most powerful Republican.

One rape survivor, Kat Sullivan, a graduate of the prestigious Emma Willard Academy in Troy, rented three towering billboards to promote the Child Victims Act, dipping into money she got in a settlement with the private boarding school.

Farrell, meanwhile, said the objections raised by Catholic leaders are misdirected, contending that if the period of time in which child victims is extended, any payouts would be picked up by insurance companies. She also said the clergy needs to recognize its role in tolerating the many cases of child rapes in which its members have been implicated.

"They should look at it as penance for what happened under their roof," Farrell said. While the measure is often described as allowing a legal "look back," Farrell said she sees it as "looking forward — so we can protect the kids who are out here now."

The state Assembly has given its overwhelming approval to the Child Victims Act. To market the legislation, advocates garnered support from such celebrities as Julianne Moore, Corey Feldman and Samantha Bee.

Joe Mahoney covers the New York Statehouse for CNHI’s newspapers and websites. Reach him at jmahoney@cnhi.com

 

 

 

 

 




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