NEW YORK
The Legislative Gazette
Written by THOMAS GIERY PUDNEY, assistant editor on June 12, 2017
With the legislative session winding down, advocates as well as legislators, are looking to Governor Cuomo to cut through the cacophony and use his political influence to pass a bill that would expand protections for survivors of childhood sexual abuse.
A version of the Child Victims Act passed by the Assembly on Wednesday faces an uncertain fate in the Senate as the factioning within the state’s upper chamber — and multiple versions of child victims’ rights bills — causes some confusion as to what comes next. The bill passed Wednesday (S.6575) is sponsored by Sen. Brad Hoylman, and provides for some of the strongest legal options for victims of childhood sexual abuse.
Hoylman’s bill would raise the statute of limitation for sexual abuse of a minor. Currently in New York, there is a five-year statute of limitations for filing legal actions once the victim turns 18, meaning that a victim must take action against their abuser before the age of 23. Hoylman’s bill would start the clock on that five-year statute at the age of 23, effectively doubling the current limit. It also would provide a one year look-back window during which victims of abuse that occurred many years ago would have an opportunity to take legal action against their alleged abuser.
Independent Democratic Conference Leader Senator Jeff Klein has sponsored a CVA bill (S.6585) similar to Hoylman’s with the exception of a commission set up by Klein’s, which would determine if cases occurring beyond the statute of limitations have merit.
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