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FOR IMMEDIATE RELEASE: Tuesday, September 25, 2005

Assemblywoman Markey Speaks Out on Her Bill to Lift

Statue of Limitations in Child Abuse Victim Lawsuits

Joins Legal, Political, Victims’ Advocates to Call for Change in Current Law so

Abused Have a Better Opportunity for Justice --- ‘It’s the Right Thing to Do.’

NEW YORK, NY --- Assemblywoman Margaret M. Markey (30th District, Maspeth) spoke out today about her legislation to provide greater justice for victims of childhood sex abuse. “It’s the right thing to do,” she said

Participating in a press conference at the Benjamin Cardozo School of Law at Yeshiva University, Assemblywoman Markey was joined by Yeshiva Law Professor Marci Hamilton and Delaware State Senator Karen Peterson, who spearheaded similar legislation adopted in that state earlier this year. They came together to build support in New York and across the nation to reform arbitrary statute of limitation laws that unreasonably limit childhood sexual abuse victims from bringing criminal and civil legal actions against their perpetrators.

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. The Markey bill would add five years to the statute, with similar provisions for civil actions, extending the threshold age to 23.

Assemblywoman Markey, said, “At present, 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. 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.”

The Markey bill also provides a one-time one year window for victims of any age to seek civil damages in past instances of child abuse. “This window will enable many older victims to get the justice they have previously been denied under the current restrictive law,” Assemblywoman Markey added. Similar legislation extending the age where the statute of limitations begins and providing for a one-year window for old cases has now become law in California as well as Delaware.

The New York State Assembly approved Assemblywoman Markey’s legislation in 2005, 2006 and 2007, but the companion bill failed to get action in the State Senate. Mrs. Markey said that the Senate version of the current bill, now sponsored by Senator Stephen Saland (41st District, Poughkeepsie) has already attracted a number of co-sponsors for the upcoming session.

She also said that eight current District Attorneys around the state have declared support for her legislation, 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.

In her remarks at the press conference today, Mrs. Markey said, “One hopeful sign for our success in enacting this legislation in 2008 is 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 that law sets an important precedent for this change in the statute of limitations we seek to enact in the upcoming legislative session.”

Assemblywoman Markey added, “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.”

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

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

 

   
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