Contact: Brian Pacheco, Safe Horizon’s Director of Public Relations
t. 212-577-7709 | c. 646-306-1136 | e. Brian.Pacheco@safehorizon.org
Survivors of Sex Abuse + Advocates Urge Albany to Stand Up for Children
April 28, 2017 (New York, NY)— As Sexual Assault Awareness month (April) comes to an end, Albany has not done enough to advance the Child Victims Act (CVA): legislation that would lift the 5 year statute of limitation on childhood sexual abuse. The bill has been introduced every year for the past 10 years, but gained new traction in January when Governor Cuomo made it a priority in his State of the State address, saying: “These survivors deserve justice, plain and simple. Giving victims the opportunity to advance their claims in court is the right thing to do and I urge the Legislature to join me and pass this measure once and for all.”
However, just last week the GOP led Senate ducked a vote on the bill by discharging it into the Rules Committee.
Recent reports of abuse from across the state, including Emma Willard School in Troy New York and a children’s camp on Long Island have emboldened advocates and survivors to demand a vote. They join the co-sponsors of the bill Assemblymember Linda Rosenthal and Senator Brad Hoylman, at the Fearless Girl statue in lower Manhattan to call for passage of the CVA this session.
“We are calling on New York Senate to join the Assembly and address the issue of childhood sexual abuse and to pass the Child Victims Act (CVA). Statewide, New York lawmakers have been dodging the issue of childhood sexual abuse for over a decade. I am one of many fearless survivors and we will not be ignored any longer,” said survivor Bridie Farrell.
Each year, 40,000 children are sexually abused in New York State – one in four women and one in six men—yet New York is currently only one of four states in the nation that imposes such strict limits, preventing survivors from seeking civil or criminal penalties against their abusers past the age of 23. It can take survivors decades to speak about their abuse.
Advocates also released a video PSA to surface the lived experience of survivors:
“Albany lawmakers need to protect children now. New York is creating a shameful legacy by stalling the passage of the Child Victims Act (CVA). New York ranks among the worst four states in the nation, along with Alabama and Mississippi, in statute-of-limitations reform. It’s time we change that and enact the CVA — our children depend on it,” said survivor Steve Jimenez.
In contrast, Delaware recently removed its statue-of-limitations, giving victims the opportunity to pursue justice at his or her own pace. In the first two years of the law, 175 people confronted their offenders in court.
State Senator Brad Hoylman said: “Last week, the New York State Senate shamelessly broke its own rules and refused my formal request for a vote and public hearing on the Child Victims Act to allow child sexual abuse survivors more time to file claims against their abusers. The Senate has shown its hand by bending over backwards to protect the abusers and the institutions who harbor them. The status quo is unacceptable. Unless the Senate acts, justice will continue to be denied to survivors and abusers will remain free to commit their despicable crimes against our kids. We should not rest until the State Senate acts in the best interests of children and moves the Child Victims Act forward for a vote.”
“It’s time for the Governor to show lawmakers what courage looks like and finally get this done. We need to send a clear message: ‘Stand with children, or stand with those who harm them,” said Michael Polenberg, Vice President of Government Affairs at Safe Horizon.
“I believe we have a moral obligation to pass the Child Victims Act to protect tomorrow’s children from victimization and help make yesterday’s children whole,” said Assemblymember Linda B. Rosenthal (D/WF-Manhattan), the CVA’s sponsor in the Assembly. “The final version of this bill must be as strong as the survivors, who fearlessly share their stories to protect others and to obtain justice. We will persevere until we get this done. Failure to act is not an option; we in the Legislature and the Governor must take decisive action to protect New Yorkers.”
Tamara Schoor, Spokesperson for Kol v’Oz said, “As a New York resident and as a representative of a national Jewish Coalition of Rabbis and leaders, I would be ashamed if politics and powerful institutions triumph over justice and child protection again this year. We will not be silenced and demand a vote. It is time that New York takes action and show leadership on this issue instead of maintaining one of the worst Statute of Limitations records in the entire country.”
More About the Child Victims Act
On April 17th, the Governor indicated that he has no plans to push for centerpiece issues during the rest of this session. Then, last week State Senator John Bonacic, Chairman of the Judiciary Committee discharged the CVA to the Rules Committee to avoid a vote.
Senator Brad Hoylman had previously filed a motion for committee consideration, which would have required the Judiciary Committee to vote on a bill within 45 days. A member of a committee can make up to three such requests a year. A member cannot file a motion for committee consideration once a bill is in the Rules Committee.
The Child Victims Act (CVA) has been introduced every year for the past decade. Versions of the bill are currently being co-sponsored by Assembly Member Linda Rosenthal and Senator Brad Hoylman. The Assembly is the only chamber to ever move and pass any iteration of the bill.
The CVA was drafted in response to the overly rigid statute of limitation laws in New York State. Currently most survivors must seek civil relief or press criminal charges by the relatively young age of 23 or forever lose their ability to seek justice in our courts.
The CVA would eliminate the civil and criminal statute of limitations prospectively, create a one-year retrospective civil “window” for survivors over the age of 23, and remove the 90-day notice of claim for public institutions that currently help shield them from civil liability.