Senators eye Child Victims Act fund
Money would be set aside for survivors to file civil cases
Some Democratic state senators are hoping to add extra provisions to the Child Victims Act to help alleged victims who they say cannot achieve justice under the current law.
The act in August opened a one-year window for survivors of all ages to lodge civil lawsuits against their alleged offenders, but so far, the large majority of the more than 850 cases filed have targeted institutions with financial backing. At least six state senators are now looking to establish a fund to either compensate victims who cannot sue under the current law or help attorneys take on cases they would not otherwise pursue.
Survivors across the state have had trouble finding an attorney to take on their case when the alleged abuse does not involve an institution, like the Catholic Church or the Boy Scouts of America.
The most concrete plan is one by state Sen. James Gaughran, who plans to propose a private fund managed by the state Division of Criminal Justice Services or another state agency that would cover legal fees associated with filing civil cases. New Yorkers would be able to donate directly to the fund and also when they file their taxes, he said.
Gaughran plans to draft a bill before the state Legislature reconvenes in January. While there would be a time lag on the donations from tax filings, individuals could directly contribute to the fund as soon as it is instituted, he said.
“We want to make sure that people who have been abused have their opportunity to obtain justice, but I think also we want to … make sure that we’re protecting today’s kids, and we want people to know who might even think of doing this that there will be serious consequences,” the senator said.
Gaughran said he also would support lengthening the lookback period scheduled to end next year. California on Sunday extended its own window to three years, the Los Angeles Times reported.
Other New York legislators are looking more broadly at a compensation fund and how it could aid victims personally, instead of only in court. They expect the fund will make its way into state budget negotiations in March.
State Sen. John Brooks, a Long Island Democrat, has been speaking generally with colleagues about a fund but noted that this year’s budget will likely be “tight” given the impact of new federal tax laws. He said lawmakers are “digesting” the cases that have already been filed and evaluating how many cases are not reported because there is no chance of compensation.
Brooks is exploring a fund that would help victims pursue their cases in court and also in dealing with the long-term effects of abuse, including mental or physical health problems.
“I think our first priority is to make sure anyone who has been abused has the ability to get the help they need,” he said.
Sen. Brad Hoylman, a Manhattan Democrat who sponsored the original legislation, said a separate fund is “something I’m looking at closely,” and he also anticipates the subject will arise next budget season.
He isn’t backing any specific plan yet, adding that any provision would also need support from the state Assembly and Gov. Andrew M. Cuomo. The
governor said last month that he would “consider any proposal that will help victims get the justice they deserve.”
Others who have expressed interest in a fund include Sen. James Skoufis, D-orange County, Sen. Shelley Mayer, D-yonkers, and Sen. Alessandra Biaggi, D-bronx. Biaggi has noted the high cost of filing a claim can deter low-income victims from pursuing a case.
Gary Greenberg, an activist who for years pushed for passage of the Child Victims Act, has recently urged dozens of state legislators to tackle a victims fund in the session that begins in January. While he supports Gaughran’s proposal to cover legal fees, Greenberg also wants some recourse “to help victims who do not want to pursue and cannot pursue the legal route” and help support medical expenses and everyday bills.
Greenberg has previously called for a privatepublic victims fund to compensate all survivors, but he said he is open to other solutions at the legislative level. He is still discussing options with lawmakers, especially as he considers who his PAC will endorse in the 2020 election cycle.
“It isn’t just the fund,” he said. “If they have other ideas, that’s fine. We have to make sure that we provide help and healing to every victim in New York state, and we’re not doing that right now. There’s a loophole in the current law.”