Justice for Child Victims

Riverdale Press
May 5, 2016

http://riverdalepress.com/stories/Justice-for-child-victims,59874

There is a bill now being considered in the State Senate’s Codes Committee that deserves wider support.

The proposed law would eliminate the statute of limitations that now prevents victims who are 23 or older from filing claims of sexual abuse against individuals or private institutions.

Current law limits when a criminal or civil action can be taken against someone accused of certain kinds of sexual acts with children under 18. Accusers must file charges or claims before they turn 23. After that, regardless of what they later say was done to them, victims can find no justice in a New York court.

The Senate bill would eliminate the age limit and enable victims to bring actions against public institutions, like public schools, without a time limit. Now, unless they file a notice of claim against a public entity within 90 days of the injury, it is dismissed. That requirement would end.

The proposed law would also permit a one-year opportunity for victims to demand an examination of cases that had been denied review because the age limit of 23 had precluded action. So older victims could seek — for one year after the bill became law — a hearing on their sexual abuse claims.

The law is needed to help the victims of sexual abuse like incest, sex trafficking and other non-consensual sexual acts. The current age limit of 23 for the filing of complaints is arbitrary and needlessly re-victimizes the already unspeakably injured.

Victims of childhood sexual abuse often keep their injury secret, either out of a mistaken sense of shame, fears of further injury or later retribution by the abuser, a psychological need to deny that the abuse took place, or a sense that the powerful abuser will prevail and the victim will reveal his or her suffering with nothing gained. It is logical to think that as victims get older — older than 23 — they’re better able to deal with the feelings that prevented them from reporting the heinous acts done to them, and will want to seek justice.

Critics of the bill say there is a good reason in law for having statutes of limitation. Absent some time limit for filing criminal charges or civil claims, defendants are disadvantaged. An innocent person could be accused by any 50-year-old of having committed a sex crime 40 years ago, and the defendant would have no ability to prove an alibi, bring in witnesses who may have long ago left the area or otherwise mount an adequate defense. A retort to that is that victims would face the same challenges in proving their cases, so the sides would be even.

Activists were in Albany this week to demand passage of the legislation. The bill’s main sponsors, Queens Assemblywoman Margaret Markey and Manhattan state Sen. Brad Hoylman hosted dozens of religious leaders and experts to explain why the Child Victims Act is vital.

Local elected officials say they support the legislation, though state Sen. Jeff Klein has changed his mind so much, it is hard to know where he really stands. They all should heed activists’ calls and help pass the long-stalled legislation before the current session ends for the summer.

A version of this editorial originally appeared in our sister publications, the Long Island Herald family of newspapers.

Read last year's Press editorial calling for passage of the Child Victims Act here.