Child Victims Act Does Not Violate Diocese's Due Process Right, Nassau Justice Rules
The law opened up a legal "look-back" window for survivors of child sex abuse, giving them the opportunity to file lawsuits over older claims typically barred by statutes of limitation.
May 13, 2020 at 05:26 PM
3 minute read
The Child Victims Act does not violate the Catholic Diocese of Rockville Centre's due process right under New York's constitution, a Nassau County Supreme Court justice has ruled.
"Based on this legislative history, the court finds the Child Victims Act is a reasonable response to remedy the injustice of past child sexual abuse," wrote Justice Steven Jaeger in a ruling filed Wednesday.
The law opened up a legal "look-back" window for survivors of child sex abuse, giving them the opportunity to file lawsuits over older claims typically barred by statutes of limitation.
Sean Dolan, a spokesperson for the diocese, said they disagree with the court's ruling in regard to the due process challenge to the act.
"We are analyzing our options with respect to appeal of this and other issues," he said in the statement.
The ruling was lauded by advocates for the survivors of child sex abuse.
Jennifer Freeman with the Marsh Law Firm described the ruling as a victory for survivors and their families. She issued a statement saying the ruling "is further proof that the Catholic Church's efforts to subvert justice and escape accountability simply won't work."
State Sen. Brad Hoylman, a sponsor of the act, issued a statement saying it's encouraging to see a court reaffirm the legislation's constitutionality.
"Today's ruling is also a reminder of the many factors that prevent survivors from coming forward," he said in a statement. "Legal challenges and constitutional debates continue to prevent some survivors from being heard."
The Manhattan Democrat said that's why it's important to extend the one-year "look-back" period for another year.
Gov. Andrew Cuomo announced last week he would be extending the period by five months. New York is extending the period due to a reduction in court services triggered by the coronavirus pandemic, he said.
The move was a shift for Cuomo, who had previously provided noncommittal responses on whether he'd support extending the act's revival period.
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