Child Victims Act expected to pass this year.
Assembly, Senate appear to agree on bill; Votes on issue may be held by end of month
Legislation amending the state’s sexual assault statutes and creating a window for victims to seek justice through civil litigation will be “easy” to pass this legislative session, according to Gov. Andrew Cuomo.
The governor will address the issue in his 2019 budget, and described his proposal as being “in line” with the language championed by the state Assembly, which has repeatedly passed legislation that is backed by the new Democratic majority in the state Senate.
When Cuomo learned last week that the legislative houses were in agreement on the bill, he said, “Well, then it’s going to be easy.”
Gary Greenberg, who was sexually abused as a 7-year-old and has been a staunch advocate on the issue at the Capitol, anticipates votes will be held by Jan. 30 on the issue.
“That’s the agreement I had with the Senate Democrats,” he said.
On Monday, a rally at the Capitol is scheduled with many survivors of abuse or their relatives attending. Greenberg said Senate Majority Leader Andrea Stewart-cousins, Deputy Majority Leader Michael Gianaris, and previous bill sponsor Sen. Brad Hoylman and other legislators are expected to attend.
There has been broad agreement among Democrats since 2018 that the Child Victims Act should extend or eliminate the criminal statute of limitations for future sexual abuse cases with children, extend the window for victims to bring a civil action until they turn 50, and create a one-year period for victims to file a civil claim if the abuse was beyond the new time limit.
The one-year look back was a stumbling block in the past, due to opposition from religious and civic organizations. It had also been opposed by Senate Republicans in Albany, who for years had blocked the legislation, in part, due to that issue.
Greenberg also has requested an assistance fund for survivors of abuse, which was laid out in legislation last year by the Senate Republicans, but never reached a vote in that chamber.
Current state law prohibits prosecutors from pursuing charges after five years for some child sexual abuse offenses, and civil cases need to be filed by the time a victim turns 21.