Sex Abuse Survivors and Catholic Church Agree That N.Y. Assembly’s Proposal to Reform Child-rape Law Stinks

By Kenneth Lovett Michael O'Keeffe Stephen Rex Brown
New York Daily News
June 9, 2016

http://www.nydailynews.com/news/politics/hates-n-y-assembly-sex-abuse-reform-bill-article-1.2666572

The state Assembly may have inadvertently done the unthinkable — getting sexual abuse survivors and the Catholic Church to agree.

Advocates for reform and the church said Wednesday they opposed a bill to reform New York’s statute of limitations on claims of child sexual abuse — but for different reasons.

Advocates don’t believe the bill gives victims enough time to bring lawsuits.

“To me it’s just garbage,” said Gary Greenberg, an upstate investor who says he was sexually abused in 1966. “It’s not what we want. I think if that’s what they want to pass, don’t waste our time. We’ll just come back next year.”

The church, meanwhile, objects to a provision that would create a six-month window for victims who are time-barred under current law from reviving old cases, said Dennis Poust, spokesman for the state Catholic Conference.

The church has argued that doing so could bring a slew of decades-old cases that could bankrupt the church.

“We continue to stress that this window ignores the principle of justice that statutes of limitations are based on. Memories fade, evidence is lost, witnesses die,” Poust said.

Abuse survivor Gary Greenberg says the Assembly's proposed reform is trash. (JEFFERSON SIEGEL/NEW YORK DAILY NEWS)

The opposition from both camps emerged after the bill was introduced in the Assembly late Tuesday.

The bill starts the five-year window for criminal charges of sexual abuse at age 23, up from 18. Civil claims of child sexual abuse would need to be brought by the victim’s 28th birthday, up from 23.

The bill would also treat public and private institutions the same by doing away with a requirement that someone victimized at a public institution, like a school, file a notice of intent to sue within 90 days of the incident.

“The bill is a strong step forward and allows victims of sexual abuse to get justice,” Assembly Democratic spokesman Michael Whyland said.

But advocates of reform interviewed by the Daily News said the legislation was only a slight improvement from the status quo.

“It is almost a joke, a joke at our expense,” said Chaim Levin, a sexual abuse survivor.

Chaim Levin, a sex abuse survivor, also gave the thumbs down to the Assembly's proposal. (JEFFERSON SIEGEL/NEW YORK DAILY NEWS)

Levin later sounded more optimistic, hoping that last-minute negotiations would produce a more favorable bill.

Gov. Cuomo declined comment on the measure.

Senate GOP Majority Leader John Flanagan (R-Suffolk) said there are aspects of the bill the Senate could be open to, but signaled the six-month window to revive old cases is a sticking point.

“With regard to the look back, that is clearly a challenge,” Flanagan said.

The city and state teachers unions, as well as the New York State Association of Counties, said they did not oppose the bill, though it could expose them to new lawsuits.

With just a week remaining in the legislative session, the fight is far from over — for both sides.