New York State Assembly Stands with Survivors of Childhood Sexual Abuse
Child Victims Act passes with overwhelming bi-partisan support
Today, the NYS Assembly, led by Speaker Carl Heastie and bill sponsor Assembly Member Linda Rosenthal, stood up for justice for survivors of childhood sexual abuse and voted overwhelmingly in support of the Child Victims Act (CVA): legislation thatwould expand the statute of limitation for survivors of childhood sexual abuse and provide a one-year look back window for survivors of any age to bring their abusers to justice.
The CVA has been introduced every year for 12 years, and last year passed the Assembly with overwhelming bi-partisan support. Although the Governor and the Assembly included the bill in their proposed budgets, it failed to make it into the final package that passed April 1st.
According to a recent Quinnipiac College poll, 90% of New Yorkers support the CVA. However, the legislation remains stifled in the Senate where Majority Leader John Flanagan has not even allowed the bill to come to the floor for a vote because of the look back provision.
“Safe Horizon applauds the New York State Assembly, especially bill sponsor Linda Rosenthal and Speaker Carl Heastie, for yet again passing the Child Victims Act with overwhelming bi-partisan support and standing with survivors,” said Michael Polenberg, VP of Government Affairs at Safe Horizon. “The Child Victims Act will increase avenues to justice for survivors, protect children across the state, and help ensure abusers will be brought to justice. It’s time the State Senate sides with the Assembly and Governor Cuomo and protects those who have been abused, not their abusers.”
“The NYS Assembly clearly believes survivors. Today, they stand with us and the 90% of New Yorkers who support the Child Victims Act. The Assembly is known as The People’s House and this landslide vote clearly illustrates how connected they are to the needs of their constituents. I thank Speaker Heastie, bill sponsor Assembly Member Linda Rosenthal and all those who voted yes on CVA,” said survivor Bridie Farrell from Saratoga Springs.
“Today the New York State Assembly made significant strides for the Child Victims Act (CVA). As a child, I did not possess the maturity or ability to understand that I had been deeply traumatized by the actions of my abuser nor did I have the vocabulary to properly express the harm that had been inflicted upon me. Healing these deep seeded wounds is a life-long process. I am hopeful that the State Senate will follow the Assembly’s lead and pass the CVA,” said survivor Thomas Travers from Buffalo.
“I am so grateful that the NYS Assembly stands with survivors. The NYS Senate must get on the right side of history and stand with those who have experienced unspeakable damage. The time to pass the Child Victims Act with the window is now,” saidsurvivor Amelia Fallon from Guilderland.
“The experiences of survivors of domestic violence and child abuse are inextricably linked. It’s common for years to pass before many victims, particularly young people, are ready to disclose abuse. Passage of the Child Victims Act will provide victims with the time they need and deserve to come to terms with their abuse and pursue legal action when they are prepared to do so,” said Connie Neal, Executive Director of the New York State Coalition Against Domestic Violence.
Each year, one in four girls and one in six boys are sexually abused in the United States. New York is one of the worst states in the nation for survivors of childhood sexual abuse who wish to seek justice in court. The vast majority of childhood sexual abuse survivors only have until the relatively young age of 23 to bring criminal charges or seek civil relief. Once that age is reached, the doors to justice are closed forever.
Seven states plus Guam, have already revised their statutes of limitations. In California, which included a one-year look back, most of the 1,150 claims were settled out of court. Hawaii has even extended its look back period.
In Jnuary, the state’s chief administrative judge, Lawrence K. Marks, debunked the argument that the lookback window would lead to an unmanageable amount of cases, stating: “I’m sure we would be able to accommodate any additional cases that came from that law.”
Background:
The Child Victims Act (CVA) would bring meaningful statute of limitations (SOL) reform for survivors of childhood sex abuse, allowing them to hold their abusers accountable in court. The bill has been introduced every year for 12 years, and last year passed the Assembly with overwhelming bi-partisan support. The bill has never made it to the Senate floor for a vote.
Although Governor Cuomo and the NY Assembly included the Child Victims Act in their proposed budgets this year, it was not included in the final budget.
According to a recent Quinnipiac College poll, 90% of New Yorkers support the bill.
The CVA would do the following:
· Increase the criminal statute of limitations prospectively;
· Increase the civil statute of limitations prospectively;
· Remove special protections for public institutions that have acted as a shield against liability; and
· Create a one-year look-back window to allow survivors over the age of 23 to seek retrospective civil relief.
