Lawmaker expects Assembly to vote on bill allowing sexually abused children to bring lawsuits as adults
BY KENNETH LOVETT NEW YORK DAILY NEWS Assemblywoman Margaret Markey’s bill would also open up a one-year window for people abused as kids to bring civil lawsuits in cases where the current statute of limitations had already expired.
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| NY Assemblywoman Margaret Markey |
Assemblywoman Margaret Markey (D-Queens) said she is hopeful her bill will come to the floor for a vote before the legislative session ends in June.
Markey’s bill would also open up a one-year window for people abused as kids to bring civil lawsuits in cases where the current statute of limitations had already expired — a measure opposed by the Senate Republicans, the Catholic Church and even some Democrats in her own chamber.
Markey’s bill is sponsored in the Senate by Sen. Brad Hoylman (D-Manhattan). Hoylman said he’s using the Daily News’ Tuesday front page — part of a series highlighting New York’s worst-in-the-nation law that requires victims of child sexual abuse to come forward by the age of 23 or lose legal recourse — to urge his colleagues to co-sponsor the bill.
Hoylman told The News that having any statute of limitation for kid sex abuse survivors is unjust because many victims suppress the memories for years. Would you believe - decades!
But the measure is expected to again face a tough road in the Republican-controlled Senate, which in the past sided with the Catholic Church in opposing the idea of giving people a year to bring lawsuits in cases where the statute of limitations expired.
Dennis Poust, spokesman for the New York State Catholic Conference, said the bill could not only lead to financial ruin for the church and nonprofits like the Boy Scouts, but is also “contrary to justice” since it would not cover cases where kids were molested in public settings like schools or foster care programs. In cases involving public entities, a person must file a notice of intent to sue within 90 days of the incident.
So it appears that Markey and Hoylman's bill would throw the Catholic Church and the Boy Scouts to the wolves while protecting state run programs and institutions from any liability. This is hypocritical and just plain wrong!
At the same time, it is just so typical of the Catholic Church to be totally self-consumed with absolutely no regard for the well-being of its many victims of pedophile priests and supportive bishops.
Senate Republicans will go to bat for their financial supporters, but they are on the wrong side of this issue and should be made to pay a heavy price for it.
“I don’t see the impetus for this to move forward this year, but anything is possible,” said Sen. Martin Golden (R-Brooklyn) of the bill sponsored by Markey.
Assemblyman Michael Cusick (D-S.I.) opposes a one-year window for lawsuits in cases where the statute of limitations has expired. Cusick has a competing bill that would allow future cases related to child sexual abuse to be filed up until a person is 28, as opposed to the current 23. The church supports that bill.
Of course the church supports it, because it would probably not add a single victim to the list of victims eligible to sue.
“It’s a sensitive issue and we want to address it and we want to do it in a fair manner,” Cusick said.
This isn't it Mr Cusick. Most, MOST, victims of child sex abuse suppress the memory of it until they are in their thirties or forties. No limitation is fair to them. Who are you representing, Mr Cusick, the people of New York or your benefactors?
A spokeswoman for Mayor de Blasio said, “We support ensuring that victims of sexual assault have a fair opportunity to file civil claims. We look forward to engaging with state leaders and stakeholders on this bill.”
BY BRAD HOYLMAN SPECIAL TO THE NEW YORK DAILY NEWS
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| The home of a Long Island foster parent who allegedly got away with abusing children for two decades. DAVID WEXLER/FOR NEW YORK DAILY NEWS |
The story that a Long Island foster parent allegedly got away with abusing children for two decades should make our blood boil. The question remains: Is Albany going to do anything about it?
Tragically, reports of child sexual abuse are familiar New York headlines. At the Horace Mann School in the Bronx, a recent report identified more than 60 former students abused by more than 22 employees since the 1960s. At Poly Prep Country Day School in Brooklyn, famed football coach Philip Foglietta was accused of abusing more than 10 students during his 40-year tenure.
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| New York State Senator Brad Hoylman |
By the time many of these survivors came forward as adults to report the crimes, it was too late. New York’s antiquated statute of limitations robs them of their chance at justice. They have to file their cases by their 23rd birthday.
Such Draconian laws place New York State among the worst states in the nation for statutes of limitation. Justice cries out for us to fix this. Under the Child Victims Act, child sex abuse survivors would get just that.
This legislation I sponsor in the state Senate would eliminate the statute of limitations for civil actions for certain sex offenses committed against a minor. For survivors, the bill would also create a one-year “look back” period in which past claims could be revived.
In 2002, California passed legislation creating a similar one-year “look back” period for civil suits. As a result, more than 1,000 lawsuits were filed throughout the state providing justice and an immeasurable amount of closure for abuse survivors.
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