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	End the Injustice Albany Times Union March 15, 2009 http://www.timesunion.com/AspStories/story.asp?storyID=780037&category=OPINION New York has an opportunity on Tuesday to allow victims of child sexual abuse another chance to seek justice. Too many of them may not have been able to resolve their cases because of what must seem like the cruel rigidity of the law. In New York, accusers have five years after turning 18 to sue their alleged abusers. The problem, as experts on childhood sexual abuse will attest, is that all too often it takes much longer for victims to come forth. Marci Hamilton of the Benjamin Cardozo School of Law at Yeshiva University likens their situation to the way the law treats pollution. "The consequences of toxic pollution may not be known or felt for years after the fact. The same is often true for children who are sexually abused," she says. The law has to change, then. The state Assembly Codes Committee should once again support a bill sponsored by Assemblywoman Margaret Markey, D-Queens, that would give accusers a one-year exemption from the statute of limitations. Any case of alleged abuse, no matter when it occurred, could be pursued as a civil lawsuit or even criminal prosecution. In addition, the bill would change the time limits that would be in effect after that one-year period expires. Victims would have 10 years, rather than five years, after turning 18 to file claims. The Assembly, long controlled by Mrs. Markey's fellow Democrats, has passed such a bill in each of its past three sessions. It's the Senate, where the Democrats now have a majority for the first time in four decades, that has stopped this pursuit of justice. There are other political obstacles as well. Both Catholic and Orthodox Jewish leaders oppose what's known as the Child Victims Act. They argue that it's biased against religious institutions. It's their contention that an existing law requiring civil action against pubic institutions or their employees to begin within 90 days sets an unfair double-standard. So goes a perhaps self-serving argument that could be addressed with additional legislation. If the playing field must be leveled, it should be done so in the favor of the victims. It's also true, remember, that the Child Victims Act could revive hundreds, if not more, claims against Catholic priests and dioceses that were dismissed under state law. The accused have ample protection already. New York needs to think of the people, sexually assaulted as children, who lack such protection. The quest for justice goes on. The issue: New York law imposes unfair obstacles upon victims of child sex abuse. The Stakes: Changes in the statute of limitations would give them their day in court. To comment: tuletters@timesunion.com
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