Op Ed Column

Major Drive is Launched for Markey Assembly Bill to Extend New York Statue of Limitations for Child Sexual Abuse Crime

Proposed Child Victims Act of New York Would Also Provide One-Year

‘Window’ for Victims of Past Instances of Child Abuse to Get Their Day in Court

By Assemblywomen Margaret M. Markey

As we move into the new legislative session in 2008, support is building for my legislation to provide greater justice for victims of childhood sex 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, it is important for victims of sexual assault to have the opportunity to get justice for the wrongs done against them. This legislation gives abuse victims their day in court.

Under current law, the criminal statue of limitations in child sexual abuse cases when the crime is not reported to law enforcement is not applied until the victim reaches age 18. My bill would add five years to the statute, with similar provisions for civil actions, extending the threshold age to 23. My bill also provides a one-time one year window for victims of any age to seek civil damages in past instances of child sexual abuse.

Last fall, to mobilize support for my legislation, I joined in a press conference at Yeshiva University’s Benjamin Cardozo School of Law with Dr. Marci Hamilton of Yeshiva and Delaware State Senator Karen Peterson, who spearheaded adoption of a law to extend statute of limitations in her state in 2007 and create a two-year window for old cases.

The Child Victims Act of New York was adopted by the NY State Assembly in 2005, 2006 and 2007, but the State Senate failed to take action. Senator Stephen Saland (41st District, Poughkeepsie), who is sponsor of an identical bill to mine in that house, reports that he has already attracted a number of co-sponsors for this current session.

My legislation has won the endorsement of eight current District Attorneys around the state, with other support coming from the NY State Coalition Against Sexual Assault, the Crime Victims Bar Association and a number of grass roots organizations, including Voices of the Faithful and SNAP.

At present, New York State law enables predators to avoid the consequences of their crimes. It permits abusers to continue their predatory actions and assault new victims. We have a responsibility to past and future generations of children to ensure that predators are identified, stopped and punished. This legislation helps do that more effectively.

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