State Pol Seeks "Way Forward" for Adult Victims of Child Sex Abuse

By Kenneth Lovett
New York Daily News
May 10, 2018

http://www.nydailynews.com/new-york/lawmaker-seeks-adult-victims-child-sex-abuse-article-1.3981238

Sen. Catharine Young (R-Chautauqua County) is championing the bill in the state legislature. (Mike Groll/AP)

A top state senator is set to introduce Thursday legislation she dubbed "a way forward" to finally making it easier for victims of child sex abuse to seek justice as adults.

Gary Greenberg, a vocal child sex abuse survivor who helped negotiate the bill with Sen. Catharine Young (R-Chautauqua County), hailed the measure as "a big step forward" while other advocates panned it.

The centerpiece of the legislation is the creation of a $300 million Child Victim Reconciliation and Compensation Fund that would be run out of the state controller's office.

Rather than have individual abusers or institutions like the church, yeshivas, schools, the Boy Scouts of America, and the insurance companies pay the settlements, victims who no longer can bring lawsuits under current law would be eligible to seek restitution from the fund.

And future victims who don't meet the legal time-frame would still be able to seek restitution from the fund, Young said.

"This is a solution that I think would advance the cause," she said. "This is all about victims."

No state taxpayer money would be used. Instead, the bill would take $300 million from the more than $700 million in asset forfeiture funds controlled by Manhattan District Attorney's Office that has to go toward criminal justice initiatives.

Under the proposal, the controller would appoint a compensation fund chief administrator, who would need to be confirmed by the Senate and Assembly.

Past child sex abuse complaints would go to the administrator, who would have the power to hire hearing officers with previous experience investigating, prosecuting, or defending child sex abuse allegations. The officers would have the ability to issue subpoenas and compel testimony.

If a case is found credible, the claims administrator would determine the amount of compensation and information like the abuser's name would be made public.

Greenberg, who this year hired a Republican lobbyist to help sway the Senate GOP, hailed the measure as "a big step forward."

"The major thing is they have put a bill on the table that would compensate all victims who have been abused prior," he said.

But advocate Marci Hamilton, a co-founder of New Yorkers Against Hidden Predators, called the bill "an attempt to pay off the victims and shield the institutions, who would get to keep their secrets."

Many advocates have pushed to raise the age that a child sex abuse victim can bring a case. They also want a a one-year window to revive old cases that would allow survivors to go after their abusers and institutions personally.

But Young argues her bill would also allow those who were abused by family members and others with little money to also receive the compensation they deserve.

"If we establish the fund, they get compensation and justice, that's the most important element," she said.

The bill would also eliminate completely the statute of limitation on all child sex abuse crimes. It would keep in place the current time-frame giving victims until their 23rd birthdays to bring civil cases. But those who decide to come forward later could seek compensation from the fund.

The Assembly recently again passed a Child Victims Act that increases the statute of limitations on criminal and civil cases and includes the one-year window to revive old cases.

The GOP has never allowed the measure to the floor for a vote.

Greenberg said he hopes the different sides can get together to negotiate a compromise bill before the end of the legislative session in late June.

"I think it's a big step forward for the Republicans, who never put anything on the table and who killed the bill every year," he said. "Now they're saying they want to do something. They're making an attempt and I believe it's a sincere attempt."

Hamilton suggested the Republicans are putting out a bill because they are fearful of losing control of the majority and fear the issue could haunt them during the critical upcoming campaigns. She said if the Democrats take over, a more expansive Child Victims Act would pass.