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  Senate Panel Kills Sex Abuse Bill
Committee Rejects Measure Permitting Adult Victims to Sue for Years-Old Attacks As a Child

By James M. Odato
Albany Times Union
June 3, 2010

http://www.timesunion.com/AspStories/story.asp?storyID=937204&category=STATE

ALBANY -- In its first test in the state Senate, Democrats and Republicans joined to reject a bill in committee aimed at giving adults who claim to have suffered sexual abuse as children a one-time chance to sue predators.

"It's outrageous," said Assemblywoman Margaret Markey, D-Maspeth, who shepherded the bill to Assembly passage three times. "Justice stops at the door of the bank and the insurance company," said Sen. Ruth Hassell-Thompson, D-Mount Vernon, the bill's Senate sponsor.

The measure, opposed by the Catholic Conference and a broad array of local government and public school board organizations, mirrors a law on the books since 2003 in California. Lawmakers, particularly Republicans, argued it would open the floodgates to expensive litigation that would cripple the Catholic church, school districts and other not-for-profits with legal costs on cases that would be difficult to defend because of faded memories, lost evidence or dead witnesses.

The legislation offers victims of sexual abuse dating back four decades a "one-year window" to start a civil suit against the person who committed incest, rape or other sexual offenses against them when they were younger than 18 years old. It would also move from 18 to 23 the age at which the five-year statute of limitations begins for civil liability.

The measure passed in 2006, 2007 and 2008 in the Assembly. Hassell-Thompson had planned to get the measure to the floor of the Senate last year but the Senate coup derailed the effort. It came to the Senate Codes Committee for a vote Wednesday for the first time, and was soundly rejected. Republicans were joined by three Democrats, including Sen. Neil Breslin, D-Bethlehem, for 10 no votes on the 16-member committee.

A lawyer, Breslin said statutes of limitation exist for a reason -- to make sure cases are based on relatively fresh evidence.

Sen. Dale Volker, R-Depew, said he agonized over this bill more than any other in 38 years in the Legislature. "I want so much to help these people," he said, surrounded by several adults in their 40s and 50s holding up pictures of themselves as children. The people identified themselves as abuse victims.

Committee Chairman Sen. Eric Schneiderman, D-Manhattan, who is a candidate for attorney general, voted in support of the measure. He said he would err on the side of victims since there has been a track record of "institutional coverup."

The self-identified victims said after the vote that it takes many years to recognize the crimes. "It took me 30 years to talk about it," said Kathryn Robb, 49, a lawyer from Quoge who said she was molested from age 8 to 14 by a family member.

"Our legislators are putting the financial concerns of institutions before the rights of victims," Robb said.

 
 

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