After Pennsylvania Report, Cuomo Calls on Senate to Pass Child Sex Abuse Statute of Limitations Bill
Cuomo's statement was in reaction to a grand jury report out of Pennsylvania that alleges more than 300 clergy members sexually abused more than 1,000 victims.
August 15, 2018 at 03:05 PM
5 minute read
New York Gov. Andrew Cuomo on Wednesday called on the state Senate to pass legislation extending the statute of limitation in cases of child sex abuse.
Cuomo's statement was in reaction to a grand jury report out of Pennsylvania that alleges more than 300 clergy members sexually abused more than 1,000 victims over a period of decades.
“The revelations and sheer breadth of child sexual abuse by clergy members in Pennsylvania underscore the pervasiveness of this abhorrent crime and needs to be a call for action here in New York,” Cuomo said.
The legislation, called the Child Victims Act, has stalled in the Republican-led chamber, where members have opposed it for years. It would extend the statute of limitations in cases of child sex abuse to age 28 for criminal cases and 50 for civil cases. The current statute of limitations in both ends at 23.
“Currently under state law, the majority of child sexual abuse offenses cannot be prosecuted after five years, allowing abusers to go free and commit further abuse. That must change,” Cuomo said.
It would also create a one-year look back window for older victims to seek litigation, which has been opposed by the Catholic Church in New York. Cardinal Timothy Dolan called that provision “toxic” after meeting with Cuomo about the bill earlier this year.
Similar legislation is under consideration in Pennsylvania, where the statute of limitations in child sex abuse cases already exceeds New York's law. Civil cases are allowed until age 30 there and criminal cases can be brought until age 50. A proposed bill in the state would eliminate the statute of limitations in both civil and criminal cases.
The New York bill is sponsored by Sen. Brad Hoylman, D-Manhattan, who has criticized his colleagues across the aisle for not bringing the legislation to the floor for a vote. Because Republicans control the chamber, they also decide which legislation makes it to the floor.
In his statement Wednesday, Cuomo blasted the Republican conference for stalling the bill in committee.
“For years, I have called for the passage of the Child Victims Act to provide victims with a path to justice, and for years Senate Republicans have blocked it,” Cuomo said. “It's far past time the Senate does the right thing, pass this bill and stand up for the victims of sexual abuse.”
An alternative piece of legislation emerged during the final months of this year's session to address cases of child sex abuse. Sen. Catharine Young, a Republican from western New York, introduced a bill that would create a hearing process for victims of child sex abuse, rather than extending the civil statute of limitations.
Young argued that her bill would help more victims of child sex abuse because alleged abusers do not always have the funds to pay victims in civil cases. Her bill would also eliminate the statute of limitations for criminal cases.
Victims would be given damages from a $300 million fund created using asset forfeiture funds from Manhattan District Attorney Cyrus Vance's office. Vance is against the idea.
Hoylman's bill is also not without its faults from some advocates who want the legislation to raise the statute of limitations even higher than 28 or eliminate it altogether. Hoylman said that could change during next year's session.
“I agree in principle that it could be higher and it's something that we'll be examining in January,” Hoylman said.
Cuomo has said he supports Hoylman's bill over Young's, though neither have a chance of being enacted until next year unless lawmakers return for a special session. The Legislature is not scheduled to return until January, at which point the power in the Senate could shift in favor of Democrats.
The Republican conference currently has a one-seat majority of 32 members versus 31 Democrats. Democrats hope to take the chamber back in November, which would put them in the majority for the first time in nearly a decade. Republicans are confident they will maintain the majority.
Cuomo's call on Wednesday does not necessarily advance discussions on the Child Victims Act. He is currently at odds with Senate Republicans over renewing a speed camera program in New York City. The conference has also not bent to past requests by Cuomo to approve certain legislation, like a bill that would codify stronger abortion protections into state law.
A spokesman for the Republican conference did not respond to a request for comment on Cuomo's statement.
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