FOR IMMEDIATE RELEASE: Tuesday, September 25, 2007

Press Conference to Advocate Lifting of Statue of Limitations in

NY State and Nationally on Child Abuse Victim Lawsuits

Benjamin Cardozo School of Law of Yeshiva University, 55 Fifth Avenue, New York City

REMARKS BY ASSEMBLYWOMAN MARGARET M. MARKEY

We have come together today to call your attention to the urgent need for New York to join the circle of enlightened states that are prepared to act against perpetrators of childhood sexual abuse. Sex crimes, particularly those committed against children, are among the most heinous and deeply disturbing in our society. They leave life-long scars and have multiple victims.

As the general public becomes more and more aware of the terrible human tragedy at the root of this issue, the State Legislature has recognized how important it is for victims of sexual assault to have the opportunity to get justice for the wrongs done against them. Many victims of these horrific crimes have never received their day in court. They were shut off from justice because of the statue of limitation provisions in our law.

At present, the New York State law enables predators to avoid the consequences of their crimes ---- it unreasonably shields them from criminal prosecution and civil action. And worse ---- our present law permits abusers to continue their predatory actions and assault new victims.

Three years ago, I introduced a bill in the New York State Assembly to change that. My bill would extend the statute of limitations for bringing charges against abusers. Victims deserve their day in court. Because of the young age of those who are abused, and the position of authority most abusers have over their victims, the window of time to bring charges, under present law, is far too restrictive.

Under current law, the criminal statute of limitations in child sex abuse cases ---- where the victim does not report it to law enforcement --- is not applied until the victim reaches age 18. We think that is too young. My bill begins the statute of limitations period at age 23. It also calls for a similar extension in the civil statute of limitations. These changes would give a child victim until at least the age of 28 to seek prosecution or civil redress.

One other important provision of my Assembly bill --- just like the ones that became law in California and Delaware --- is creation of a one-year “window” in the civil statute of limitations provisions. This provides one-year from the effective date of the law where victims of any age would be able to seek damages for past instances of child abuse. This important provision will enable many older victims get the justice they have previously been denied under the current restrictive law.

My legislation has been adopted by the Assembly three times ---- first in 2005, again in 2006 and once again this year during the 2007 session. Unfortunately, the companion bill in the State Senate, 4614-A, sponsored by Senator Stephen M. Saland, did not even come out of the Senate Codes Committee this year.

As we prepare for the new session of the Legislature, I am pleased to report that support is building around the state for my bill. Eight current District Attorneys have declared their support as well as the New York State Coalition Against Sexual Assault, the Crime Victim Bar Association, and many grass roots organizations, including Voices of the Faithful and Snap.

Thanks to the continuing strong support of Speaker Sheldon Silver and Assemblyman Joe Lentol, my colleague who chairs the Codes Committee, we will “fast-track” passage of the bill in the Assembly in January. Then we will concentrate on getting it adopted by the Senate. Three new Senators have already signed on as co-sponsors for the 2008 session --- and I am confident there were will be many more as we get closer to the session.

To help ensure the legislation is enacted by the State Senate, we need everybody in this room --- the media, the legal and justice communities, and interested citizens --- to reach out to your local Senator to urge that they support Senator Saland’s bill.

To ensure the bill is signed into law, I am now working with the Governor’s staff to enlist Governor Spitizer’s support for the legislation. We want him to make it one of his 2008 Legislative Priorities.

One hopeful sign for our success in 2008 was the passage of the Paulin-Skelos legislation that was signed into law last year. It eliminated the statute of limitations in first degree rape, child abuse and sexual assault cases. Passage of this law sets an important precedent for the legislation we seek to enact this year.

We have a fundamental obligation to ensure that all those in a position of authority over children --- teachers, clergy, youth workers, even family members --- are ethical, compassionate and trustworthy. Equally, we have a responsibility to past and future generations of children to ensure that predators are identified, stopped and punished.

Why this legislation? Because it is the right thing to do.

For Media Information, call Michael Armstrong, 917-279-8437 or

Eileen Boland, Chief of Staff, 718-651-3185