What Is in the Child Victims Act?

By Chris Horvatits
WIVB TV
January 25, 2019

https://www.wivb.com/news/local-news/what-is-in-the-child-victims-act-/1726375511

Another big vote is expected in Albany next week, as lawmakers are scheduled to take up the Child Victims Act. The measure, which has passed the Assembly previously, has stalled in the Senate several times in recent years.

It's a bill which victims of child sex abuse have been fighting for, especially those involved in the clergy sex abuse scandal. In part, it extends the statute of limitations for both civil and criminal cases concerning abuse.

With Democrats taking control of the Senate from Republicans this year, it faces a much more optimistic future than it did in previous years.

James Faluszczak, an abuse victim who now advocates for victims of clergy sex abuse, will be in Albany when the vote is taken on Monday.

"I'm going to Albany on Monday to, first of all, thank the members of the Senate and Assembly who are supporting this legislation. I'm going to celebrate with victims," Faluszczak said.

On Thursday, Governor Andrew Cuomo announced there was an agreement in place on the bill. As it stands, it extends the statute of limitations until the victim turns 28 on the criminal side, and until the victim turns 55 on the civil side. It also includes a one-year look-back window so that anyone prevoiusly abused can file a civil claim.

"Now we can allow the courts to give people their opportunity to find the truth and to expose the truth to the light of day," Faluszczak said.

On Friday, Senator Chris Jacobs, a Republican, said he will be voting in favor of the bill.

"It's the right thing to do," Jacobs said.

"We've been waiting a long time," said Assemblyman Sean Ryan, a Democrat who is also expected to vote in favor of the bill. "More importantly, the victims who have been crying out for justice will finally get their chance to be heard."

The Catholic Church has fought parts of the Child Victims Act in the past. But now, Bishop Richard Malone is indicating it may be changing its view.

"My fellow Bishops and I agree that we would remove opposition to the bill if it was fairly applied to all, meaning equally applied to public entities," Malone said in a statement.

An aide for Sen. Brad Hoylman, who is sponsoring the Child Victims Act, said that is the intent of the bill. Malone added that the diocese has not yet reviewed the bill's language, and offered prayers for the victims of abuse.