Lawmakers Pass Bill to Extend Statute of Limitations for Rape in Second, Third Degree
“No one, and especially not our most vulnerable, should be denied justice because the law provides an inadequate window of time to come forward," said Assemblywoman Aravella Simotas, D-Queens.
June 19, 2019 at 09:47 PM
4 minute read
The amount of time prosecutors in New York have to bring charges of rape in the second and third degree will be extended after state lawmakers approved legislation to extend that window late Wednesday.
The legislation was approved nearly unanimously in the state Senate Wednesday evening after passing in the state Assembly earlier in the day. It has support from Gov. Andrew Cuomo.
Lawmakers had originally proposed eliminating the statute of limitations for rape in the second and third degrees completely, but that changed after further negotiations with other Democrats on the measure.
The final proposal, sponsored by Assemblywoman Aravella Simotas, D-Queens, and State Sen. Alessandra Biaggi, D-Westchester, would, instead extend the statute of limitations for those rape charges, as well as other crimes.
“Sexual assaults are uniquely difficult to prosecute and leave lasting physical, psychological and emotional impacts on survivors,” Simotas said. “No one, and especially not our most vulnerable, should be denied justice because the law provides an inadequate window of time to come forward.”
The statute of limitations for rape in the second degree and criminal sexual act in the second degree would be extended to 20 years by the bill. The statute of limitations for rape in the third degree and criminal sexual act in the third degree would be extended to 10 years.
Victims would also be able to bring civil litigation against their alleged assailants for up to 20 years after those offenses, according to the bill.
Cuomo had pushed lawmakers, in recent weeks, to enact legislation that would have eliminated the statute of limitations for rape charges altogether. First-degree rape already has no statute of limitations in New York.
He included the measure in his executive budget in January, and lawmakers had also sponsored legislation to do so outside the spending plan. Cuomo issued a statement Wednesday evening cheering the bill, which he's expected to sign when it comes to his desk.
“By providing victims more time to bring claims in court, we are honoring those who suffered pain, endured humiliation and had the courage to come forward,” Cuomo said. “With the passage of this legislation, we are saying enough is enough.”
Simotas said in an interview with the New York Law Journal earlier this week that the final deal opted to extend the statute of limitations, rather than eliminate it, to protect the rights of defendants.
“The concern is always to ensure that citizens have the right to defend themselves and because of passage of time, lapses in memory and an inability to actually compile evidence for defense, it would likely be a violation of the Sixth Amendment to prevent people from allowing them to mount a defense,” Simotas said.
The New York State Defenders Association, an organization representing the state's public defenders, has historically been opposed to eliminating the statute of limitations for rape in the second and third degree, according to its executive director. The District Attorneys Association of the State of New York doesn't have a position on the bill.
The legislation will take effect immediately when it's signed into law by Cuomo, who has to wait for lawmakers to deliver it to his desk. It will apply to all future cases, but will also extend the window for alleged crimes where the statute of limitations has not yet expired.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readEric Adams Trial Set for April as Defense Urges Dismissal of Bribery Count
Major Drug Companies Agree to Pay $49.1 Million to 50 States, Territories
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250