Long Awaited Justice Closer to Fruition on Change in New York State Child Sexual Abuse Laws

Digital Journal
June 13, 2016

http://www.digitaljournal.com/pr/2971564

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims of sexual abuse comments that sexual abuse legislation has led to various bills being proposed in the New York State Assembly and the Senate. The firm applauds the efforts of Assemblywoman Margaret Markey (Democrat-Queens, New York), Senator Brad Hoylman (Democrat-Manhattan) and other advocates pushing for an expanded Child Victims Act (CVD) that would amend the Statutes of Limitations for child sex abuse. New York has one of the shortest windows in the country for seeking justice against alleged child molesters. Under the current law, sexual abuse victims only have until they are 23 years of age to bring either criminal charges or to file a civil lawsuit against alleged sex abusers.

The firm supports advocates looking to change these outdated laws. One bill in the New York State Assembly and another in the Senate are looking to revise the Statute of Limitations for child sex abuse. The goal is to allow victims more time to file a lawsuit against their attackers. Advocates point out that sexual abuse is a traumatic event that often takes many years, even decades, to surface; the current law simply places too short of a deadline on victims.

Parker Waichman comments that the bill has been proposed and is expected to pass the Assembly, given the majority support; the Senate bill still needs a majority sponsor. Additionally, committee meetings are required for a joint bill to be presented to the Governor. The Senate bill includes all claims, including those against government entities. The Assembly bill allows a short, six-month window for victims to file a claim, no matter the age of the claim—nor the age of the alleged victim—and is only for claims against private entities. With hope, a joint bill will be passed that allows victims to seek justice.

The proposed Child Victims Act seeks to eliminate civil and criminal statutes of limitation for child sex abuse. By removing the deadline, predators are no longer protected with the simple passing of time. "In so many different ways, today we put a spotlight on New York State's poor record of dealing with victims of childhood sexual abuse and how this archaic approach protects pedophiles who continue to abuse new generations of children," said Assemblywoman Markey. "The present statute of limitations is too short. We need to change the law to better provide justice for victims of sexual assault, particularly for older victims, and to expose perpetrators who have been hidden by sports and youth groups, schools, and religious organizations,"

Parker Waichman strongly supports efforts to expand the Child Victims Act. “New York’s law concerning child sex abuse SOL is antiquated and fails to hold predators accountable,” said Fred Rosenthal, Managing Attorney at Parker Waichman. “The law must be updated in order to protect the rights of victims.”

“The law should protect victims of child sex abuse, not their attackers,” said Mr. Rosenthal. “Sexual abuse is horrific enough for these individuals who have experienced such severe trauma, which often takes many years surface. They should not then have to deal with arbitrary deadlines in the law which prevent them from seeking justice. It is past time for New York to update its legislation and make a stand against child sex abuse.”

Parker Waichman continues to offer free consultations to victims of sexual abuse. For more information, please visit the firm’s Child Sex Abuse page. Free case evaluations are also available by calling 1(800)LAW INFO.