By Michael Polenberg
December 31, 2018
For more than a decade Safe Horizon has been working to reform the statute of limitations in New York State for child abuse survivors. In this article, I will explain what the Child Victims Act is and how recent election results may finally mean that survivors can have their day in court and possibly obtain the justice they deserve.
Background of the Child Victims Act
In New York State, our restrictive and outdated statute of limitation laws require most survivors of childhood sexual abuse to either file criminal charges or seek civil damages by the relatively young age of 23. At Safe Horizon, however, we know that many survivors are unable to make a disclosure until many years – or even decades – later. For these survivors, the doors to justice are sealed shut, meaning that abusers and the institutions that protect them are never brought to justice.
For many years, Safe Horizon has helped lead a coalition of survivors, advocates, organizations, law enforcement, and legislators from around the state to better align our laws with the experiences of child abuse survivors. Known as the Child Victims Act (CVA), this legislation would enact meaningful and long-overdue statute of limitation reform.
History of the CVA in Albany
In order to become law, both chambers of the legislature must vote to approve the bill, which would then go to the Governor to be signed into law. The CVA has been introduced in both the Assembly and Senate repeatedly over the past thirteen years. While the State Assembly has passed the bill by a wide, bi-partisan margin in each of the last two years, and the Governor has expressed his support for such change, the State Senate failed to even hold a single hearing on the bill. Despite public opinion polls showing 90% support for the Child Victims Act across the state, the Senate’s inaction doomed the bill’s chances each year.
Recent Developments in Albany
In the fall of 2018, voters in New York State went to the polls and elected a change in leadership in the State Senate. In 2019, a new Senate Majority Leader will be installed who strongly supports the bill. Once again, Governor Andrew Cuomo has pledged his support for the CVA.
In light of the new political makeup of Albany lawmakers and the governor’s continued support, I am more hopeful than ever that meaningful reform to the antiquated statute of limitations laws can finally become a reality in New York State.
The Way Forward
As we prepare for the new legislative session, Safe Horizon and our coalition of advocates and partners remain steadfast that any bill presented for a vote must include three main components:
- Extending the criminal and civil statute of limitations going forward
- Create a retrospective “window” of at least one year in length to allow victims over the age of 23 to be able to initiate a civil lawsuit.
- Eliminate the 90-day notice of claim for litigation against public institutions, which has been as a barrier for victims of abuse and their families.
While there is still much work to be done to advance legislation with all three points, Safe Horizon remains absolutely committed to seeing the CVA passed. Our support will not waver.
Abusers should not be able to run out the clock on being held accountable. The paths to justice for survivors must be broadened and we hope this will happen during this legislative term.