Effort to Change Statute of Limitations Law for Childhood Sexual Abuse Cases

By Kaitlyn Lionti
TWC News
January 28, 2015

http://www.twcnews.com/nys/buffalo/news/2015/01/28/statute-of-limitations-bill-.html

[with video]

Tuesday, we introduced you to Vanessa DeRosa and Tino Flores, who as adults, are still affected by sexual abuse in their childhood.

"I'm on psychotic and anti-depression medicines because of this. I'm still seeing a psychologist and a psychiatrist," said Flores.

"I actually am just getting out of a domestic violence relationship with my soon-to-be ex-husband so, after something like that happens, it just kind of leads you from one bad thing into another," said DeRosa.

Their lawyers say legal action isn't an option for them, because the statute of limitations for New York state has expired. That's something they're hoping to change.

"So that victims of this abuse need not continue to hear that the law protects, rather than punishes, their abusers," said Diane Tiveron, managing partner at Hogan Willig.

There is an existing bill in Albany co-sponsored by legislators from Western New York.

"The purpose of the bill is to amend the law to eliminate the statute of limitations for certain sex offenses that are committed against a child," said state Sen. Tim Kennedy, D-Buffalo.

"For many people, they're so scarred from those offenses that it takes counseling, it takes many, many years of even the courage to admit it happened," said Assemblyman Mickey Kearns, D-Buffalo.

By the time they're ready, it's too late for legal action.

The bill would apply to both criminal and civil actions, but despite local support, it was stuck in the codes committee in both houses last year.

"This is something that I think is important, I know it's a very controversial bill, but it's something I'm going to stand by," said Kearns.

"We absolutely have to bring this bill forward in the Senate. It's a matter of ensuring that justice is done no matter when that individual comes forward," said Kennedy.

Kearns said if the bill becomes law, it would also allow people to bring civil suits in older cases for a year.