Longtime advocates for the Child Victims Act openly wept with joy yesterday as the Democratic-controlled state legislature finally passed and Governor Cuomo agreed to sign the measure, much to the chagrin of the Catholic Church and as well as some Jewish religious institutions.
The Child Victims Act, or A02683/S02440, extends the statutes of limitations for criminal cases of child sexual abuse, allowing them to be commenced until the victim turns 28 years of age for felonies and 23 years of age for misdemeanors. Under the current law, cases for the most serious sex offenses can be commenced at any time.
The bill would also push back the statute of limitations to permit civil actions to be brought until the victim turns 55 years of age. Further, the measure creates a one-year window for adult survivors to commence civil cases that, under current law, are barred because the statute of limitations has expired.
The Child Victims Act will also treat public and private institutions the same in these proceedings, removing the notice of claim requirement for public institution. This measure would hold these institutions accountable for concealed evidence pertaining to sex crime cases.
The issue started over 15 years ago, when former Queens Assemblywoman Marge Markey initiated the battle in New York to reform the statutes of limitation for child sex abuse. New York has been one of the worst states in the country for access to justice for victims, alongside Alabama and Mississippi.
“The sexual abuse had a major impact on their [people’s] lives. The pain and lack of closure added to a lifetime time of pain and suffering. When kids are abused they have tremendous difficulty trusting anyone. Tragically, the leadership in the religious world has not been in the forefront of helping them and that sense of abandonment triggered anger within these victims,” said Mark Meyer Appel, founder of the Bridge Multicultural and Advocacy Project, with tears of joy flowing down his face.
Appel gave thanks to Assemblywoman Linda Rosenthal (D-Manhattan) and Sen. Brad Hoylman (D-Manhattan), the prime sponsors of the legislation along with Gary Greenberg Professor Marci Hamilton and to all the advocates Ben Hirsch, Asher Levy, Connie Altamarino and Rabbi Tannenbaum who joined the cause in the past decade.
“Well, survivors of New York, today is our day. Kids will be protected from systematic abusers, who can be brought to justice,’’ said Greenberg, an Albany area businessman who founded Protect NY Kids and has led a major effort for many years ago to pass the Child Victims Act.
Assemblymember Rodneyse Bichotte (D-Flatbush, Ditmas Park) went before the Assembly yesterday recounting her own experiences with child sex abuse when she was 10 years old. She vividly explained how dark and alone victims often feel when they are abused.
“Childhood sexual abuse is an indescribably traumatizing experience that can take a lifetime to come to terms with,” said Bichotte. “In many cases, it can take many years for a survivor to be ready to confront their abuser. While we cannot erase what happened, we can give power to victims and help them move forward with their lives without letting the perpetrators of these unthinkable crimes off the hook.
“When a child is violated and sexually abused, often they don’t know how to articulate the harm they experienced. They hope it goes away, but it never does. As a victim of child sexual abuse at the age of 10, I was afraid for a long time to come forward for risk of being blamed for my own trauma. As a Haitian child, my biggest fear was that nothing would be done about it.”
According to the National Center for Victims of Crime “Child Sexual Abuse” fact sheet, there are almost 90,000 cases of child sex abuse reported each year. An estimated 25% of girls and 16% of boys experience sexual abuse before they turn 18 years old. Individuals who were sexually abused at an early age usually experience long lasting mental and emotional distress. According to the Veteran’s Administration National Center for PTSD, psychological issues that present themselves later on in life often include anxiety, poor self-esteem, dysfunctional relationships, eating disorders, and PTSD.
“Abuse of any kind against a child is the most shameful, unforgivable crime,” said Bichotte. “It should be up to the victims who were wrongfully robbed of their innocence to decide how and when to tell their stories and pursue justice against their abusers. With the Child Victims Act set to become law, we’re finally righting a terrible wrong. I am proud to vote with conviction for the Child Victims Act.”
If you, or anyone you know, has been a victim of sexual abuse, please call National Sexual Assault Telephone Hotline at 1 (800) 656-4673. Callers will receive confidential support from a trained staff member and referrals for long term care in their area. Victims of sexual abuse should never feel alone.
For more on the Child Victims Act check out the following video:
