Strengthen Proposed Law Giving Sex Abuse Victims Powers to Sue

By Julie McMahon
Syracuse.com
January 18, 2019

https://www.syracuse.com/news/2019/01/syracuse-bishop-supports-state-law-giving-sex-abuse-victims-more-powers-to-sue.html

Bishop.jpg Bishop Robert Cunningham of the Syracuse Diocese announces an independent reconciliation compensation program for survivors of clergy sexual abuse during a press conference Wednesday, Feb. 14, 2018, at the Cathedral of the Immaculate Conception. Lauren Long | llong@syracuse.com SYR (Lauren Long | llong@syracuse.com)

Syracuse Catholic Bishop Robert Cunningham said today he could support a proposed law in New York state giving victims of child sexual abuse more time to file lawsuits if it was strengthened.

Cunningham said the law should cover more victims and abusers.

“I, along with the other Bishops of New York state, agree: It is time for the state Legislature to strengthen and pass the Child Victims Act,” Cunningham wrote Friday in a letter to The Post-Standard.

Cunningham publicly shared his personal views on the Child Victims Act for the first time in the letter to The Post-Standard. He is part of the New York Catholic Conference, which has historically opposed the bill.

The law in previous years failed to pass in the Republican-controlled state Senate. With Democrats in control of both houses in New York state, the Child Victims Act is expected to pass this year. Gov. Andrew Cuomo included it in his budget proposal during his State of the State address earlier this week.

The law would expand the statute of limitation in all criminal felony sex abuse cases involving children. It would allow prosecutors to pursue charges against abusers until the victim turns 28 years old.

It would also expand the statute of limitations in civil cases. Currently, victims of child sex abuse must sue within three years of their 18th birthdays. The proposed law would extend the statute to 50 years from the date of the offense. It would also create a one-year “look-back” window for victims who would otherwise not be able to pursue claims due to the statute of limitations.

Cunningham in his letter urged legislators to further expand the legislation to apply to all victims in all cases of child sex abuse. The statute would not include victims whose abusers worked for municipalities and public entities, because of a “notice of claim” requirement that forces victims to signal their plans to sue within 90 days of the incident of abuse.

Cunningham and others have noted that 90 percent of sexual abuse occurs in families, institutions or organizations that are not churches.

Cunningham also urged legislators to completely eliminate the criminal statue of limitations in child sex abuse cases. Now in New York state, the only sex crime with no statute of limitations is first-degree rape.

Public Affairs Reporter Julie McMahon covers courts, government and other issues affecting taxpayers. She can be reached anytime: Email | Twitter | 315-412-1992