LOOKING TO HELP
Sex abuse survivors push state Senate to approve Child Victims Act
ALBANY, N.Y. » Sex abuse survivors were among those rallying outside of the state Senate chamber Tuesday morning, demanding the Child Victims Act be passed this year.
Currently, child sex abuse offenses cannot be prosecuted after five years from their occurrence, and civil lawsuits must be brought within three years from the victim’s 18th birthday. For the past 12 years, advocates have fought to change this law in New York state. Though the Assembly approved the Child Victims Act last year, the proposal has never reached the Senate floor.
Now, Gov. Andrew Cuomo included it in his executive budget proposal for 2018-19.
The change includes a one-year “look back” window to allow survivors over the age of 23 to seek retrospective civil relief, which Senate Republicans said would create “an evidentiary nightmare” for the courts.
The bill also calls for eliminating the statue of limitations for all felony sexually related criminal cases when committed against a person who is less than 18 years of age, and extends the statue of limitations for civil claims to 50 years from the date of the offense.
State Sen. Brad Hoylman, who sponsored the
Senate bill, called the oneyear look back window the “heart of the Child Victims Act” because “it is a statement of the need to improve our public safety and protect children who still may be in contact with abusers unknown to parents and family members.”
Mary Ellen O’Loughlin, of Perth, said the window is critical.
“It’s absolutely crucial to identifying predators who have victims who have aged out,” said O’Loughlin. “If we don’t have that window, they will never be identified.”
O’Loughlin said it’s ludicrous that her abuser can to this day continue to abuse people.
“It’s ridiculous,” said O’Loughlin. “It’s a failure of the system and our community.” “I am one in four girls who will be sexually abused in New York. While the average age for a child sex abuse victim to come forward is 42, the New York statue of limitation expires for most at age 23, forcing the majority of survivors to never have an opportunity for justice, nor have their abusers identified,” said O’Loughlin, “It’s time for Senate Republicans to stand with survivors and support the Child Victims Act in this year’s budget.”
Saratoga Springs native Bridie Farrell joined the group of survivors Tuesday. Farrell said she wanted to be an Olympic speed skater when Andy Gabel, an Olympic medalist speed skater in his 30s, began molesting her at age 15.
Farrell wishes the Senate would just tell the public how they feel about the bill.
“If these guys don’t think the Child Victims Act should pass, that’s fine. That’s their perspective, and I 100 percent disagree with it, but just come to the floor and vote,” said Farrell. “...At least have the courage to come and show up for your job, or else. We are not going to let it go.”
Farrell and O’Loughlin said state Sen. James Tedisco, a Republican, has told them he’d support the bill if it reaches the floor, but state Sen. Kathy Marchione, also a Republican, hasn’t responded to requests from Farrell to discuss the bill, or where she stands.
Farrell and O’Loughlin both were happy to see the bill in Cuomo’s Executive Budget proposal.
“There’s actually some hope. We’re cautiously optimistic that something will happen this year,” said O’Loughlin. “At a minimum ... we will know where people stand on this issue, but we’re cautiously optimistic that something meaningful will be voted on.”
O’Loughlin said where the state Senate stands on the issue should be known by the end of March, if the budget is completed on time.