Cuomo Signs Bill Extending Chance for Rape Victims to Report, Pursue Criminal Charges and Civil Claims
"Speaking from my own experience of staying silent after surviving sexual abuse, it can take decades for a person to come forward and feel ready to pursue justice against their perpetrator," said State Sen. Alessandra Biaggi.
September 18, 2019 at 03:23 PM
6 minute read
Victims of second- and third-degree rape in New York will now have a longer time frame to pursue both criminal charges and civil claims against their alleged assailants under legislation signed by Gov. Andrew Cuomo Wednesday.
The new law, which takes effect immediately, extends the statute of limitations for victims to sue their alleged assailants to 20 years, four times as long as the previous five-year deadline.
Prosecutors in New York will also now have more time to bring criminal charges in a case of second- or third-degree rape. That window, before Wednesday, was also limited to five years, which can be tough for members of law enforcement if an assault isn't immediately reported.
Cuomo, flanked by a trio of celebrities and Roberta Kaplan, founding partner of Kaplan Hecker & Fink, decried the previous statute before he signed the bill into law Wednesday.
"This is a societal acknowledgment of an injustice that went on for a long time," Cuomo said. "The law said the victim of rape had to bring their claim by five years or they lose their right. Five years is a terribly short period of time if you have any appreciation for what the person went through."
He was also joined by actors Julianne Moore, Mira Sorvino and Michelle Hurd, all of which are involved in TIME'S UP, an initiative launched to reduce the prevalence of sexual assault and harassment in society.
"The signing of this bill is a watershed moment, a real advance in the battle against rape culture not only in New York but across the country," Sorvino said.
The statute of limitations for rape in the second degree and criminal sexual act in the second degree was extended to 20 years by the law. The statute of limitations for rape in the third degree and criminal sexual act in the third degree was extended to 10 years.
The statute of limitations for incest in the first degree was also eliminated by the law.
There was already no statute of limitations for first-degree rape in New York, meaning victims can pursue criminal charges in those cases at any time, regardless of when it happened.
Assailants are charged with one of the three levels of rape depending on the nature of their crime, according to the state's penal code. Prosecutors use various factors to make that decision, including the victim's age, and the reason they're not able to consent.
The bill hadn't moved in the Legislature this year until Cuomo, during the final months of the legislative session, urged lawmakers to take it up. After negotiations between the Assembly, Senate and Cuomo's office, the measure passed nearly unanimously.
The measure had failed to come to the floor in previous years, which Cuomo attributed Wednesday to Republicans holding control of the State Senate during that time. All but three Republicans in the chamber voted in favor of the bill this year.
After Democrats took the Senate this year, the bill was sponsored by State Sen. Alessandra Biaggi, D-Westchester, and Assemblywoman Aravella Simotas, D-Queens. Both lawmakers led the charge in recent months to pass stronger laws related to sexual harassment and assault.
Biaggi said Wednesday that her own experience as a victim of sexual abuse helped inform her decision to push for the legislation.
"Speaking from my own experience of staying silent after surviving sexual abuse, it can take decades for a person to come forward and feel ready to pursue justice against their perpetrator," Biaggi said. "It is critical that we continue to enact laws that hold offenders accountable, and prioritize the safety and well-being of survivors."
Simotas said the measure was another way for lawmakers to shift the scales of justice in favor of victims, and deny assailants opportunities to avoid accountability for their actions.
"Our culture teaches people not to be raped instead of teaching people not to rape," Simotas said. "By updating our laws, we are sending a strong message that survivors matter, their stories matter and New York will not deny anyone accessible means to justice."
Some lawmakers, including Cuomo, had initially favored legislation to completely eliminate the statute of limitations for second- and third-degree rape, bringing them in line with first-degree rape.
But not all Democrats were on board with the idea, favoring an extension over an elimination of the deadline in order to preserve the rights of defendants. Negotiations among lawmakers resulted in the bill signed by Cuomo Wednesday.
Kaplan, who's also a co-founder of the TIME'S UP Legal Defense Fund, said she plans to advocate for further reforms next year as well. She was a major proponent of the legislation signed by Cuomo Wednesday, and had appeared publicly with him previously to support it.
"This bill signing is only the tip of the iceberg. In the past two years, we've built a powerful and unstoppable movement for equity and justice. There's no turning back. Stay tuned."
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