Sponsors and advocates of the Child Victims Act rally at the state capitol in Albany, Monday. PHOTO BY DAN M. CLARK

The Child Victims Act, a bill that would raise both the civil and criminal statutes of limitations in cases of child sex abuse and open a temporary window for older victims to bring civil cases against their alleged abusers, is expected to passed both houses of the New York Legislature Monday and now awaits the signature of Gov. Andrew Cuomo.

After stalling for several years in the State Senate, a new version of the bill introduced last week passed the chamber unanimously, gaining full support from the Republican conference that blocked the bill from a vote in previous years.

It's the first time the legislation was even considered on the floor of the Senate in more than a decade after Democrats took control of the chamber in last year's elections. Sen. Brad Hoylman, a Democrat from Manhattan who sponsored the bill, said he knew there was support across the aisle but didn't expect the final tally.

“Unanimous was, I think, surprising to a lot of us in the Democratic conference but at the same time we always knew there were a lot of votes for this issue,” Hoylman said. “Nevertheless, we persisted and here we are to celebrate a very important day on the floor for the survivors of child sexual abuse.”

The State Assembly, which had already passed a previous version of the bill twice in recent years, approved the bill a third time with overwhelmingly bipartisan support as well. Only three lawmakers in the chamber voted against the bill. Assemblywoman Linda Rosenthal, D-Manhattan, rallied with advocates before the vote on Monday to celebrate the bill's passage.

“One of the things we hope to deliver today is a path to justice that can help you heal a little bit because you will be able to name your abuser, the institutions that harbored them and moved them among other institutions so they could harm other children,” Rosenthal said. “We have come to the day where justice will prevail.”

Cuomo, who spoke to reporters about the legislation earlier in the day, said he was planning to sign the bill into law either late Monday or at some point in the coming days. He attributed the bill's passage to advocates and lawmakers who have long supported it.

“It's taken us a number of years to get here, but we got here because of you and your tenacity,” Cuomo said. “The delay—don't take personally. The conservatives in the Senate stopped a lot of socially progressive bills.”

Different versions of the bill have been introduced and debated within the Legislature for several years now, though the one set to pass Monday is different from bills in past years.

The bill would allow victims of child sex abuse to bring a civil case against their alleged abuser until the age of 55. Criminal charges, under the bill, could be brought against an alleged abuser until the victim reaches 28 years old in felony cases and 25 years old for a misdemeanor offense. The current statutes of limitations for both civil and criminal actions involving child sex abuse runs out at age 23.

Some advocates have called for those limits to be raised even higher, especially for criminal cases against alleged abusers. Cuomo defended the bill's proposal to give victims another five years to file criminal charges.

“The statute of limitations does have a practical purpose in that it does help ensure justice in some situations because you have witnesses, you have records,” Cuomo said.

The temporary revival period, or so-called look-back window, would allow victims above the age of 55 to bring a civil case against their abuser for a yearlong interval starting sometime this summer. The window would start six months after the bill is signed into law and last until a year after that point. The gap is included to give victims time to hire an attorney and prepare a case so they can get the ball rolling when the window actually begins.

“Through the look-back window that we are implementing in this bill, adult survivors who have their civil claims heard will be able through the process of discovery and other forms of evidence to help law enforcement identify predators who may still be in contact with children,” Hoylman said.

Civil claims would only need to be filed by the end of the look-back window, Hoylman said. Those cases would still be valid if the litigation stretches beyond that period, but Hoylman said he's also not ruling out additional legislation that would extend the look-back window.

“I think we do it one year at a time and we see how it goes during the first six months,” Hoylman said. “Other states have looked at the possibility and I don't know why New York wouldn't.”

Some barriers would be removed by the bill for survivors of child sex abuse, but other challenges will remain for those who seek to bring civil claims against their alleged abusers. Cuomo acknowledged that some survivors will still have a rough road ahead while preparing the  litigation.

“The legal problem is going to be the preparation and prosecution of the case and the defense of the case,” Cuomo said. “That's going to be the challenge because it becomes very practical. You don't have records, you don't have recollections, people have died.”

The bill also requires the Office of Court Administration to provide training to judges concerning crimes that involve the sexual abuse of minors. The office will also be tasked with promulgating rules during the revival period that will allow those cases to be adjudicated efficiently.

Past opposition to the bill has come from Catholic dioceses in New York. They previously argued the legislation would have exempted public schools and other institutions from litigation during the so-called look-back window. Church officials have since removed their opposition to the bill after it was amended to more clearly state that those entities would be subject to lawsuits. Cardinal Timothy Dolan even called for additional legislation to be introduced that would go beyond the bill after it was approved Monday afternoon.

“We have long called for strengthening the Child Victims Act and will continue to advocate for the elimination of the criminal statute of limitations, compensations programs for those who prefer it to litigation, and mandatory safe environment training for anyone who works with children, as we have implemented in the eight dioceses throughout New York State,” Dolan said.

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