Rockville Centre diocese challenges Child Victims Act over due process

ROCKVILLE CENTRE (NY)
Catholic News Agency

November 15, 2019

The Diocese of Rockville Centre filed a suit challenging New York’s Child Victims Act on Tuesday, claiming it is barred by the due process clause in the state constitution.

The act opened a one-year window for adults in the state who were sexually abused as children to file lawsuits against their abusers. It also adjusted the statute of limitations for both pursuing criminal charges and civil suits against sexual abusers or institutions where the abuse took place.

The diocese’s motion, filed Nov. 12 in the New York Supreme Court in Nassau County, says that “the Due Process Clause allows the legislature to revive formerly time-barred claims only where they could not have been raised earlier,” which it adds “is not so here.”

“The formerly time-barred claims revived by the legislature pursuant to the Child Victims Act all could have been brought within the then-applicable three- or five-year period, after plaintiffs attained the age of majority,” according to the diocese.

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