"NOW WHAT PUTZ?" |
EXCLUSIVE: Revised, tougher Child Victims Act set to be introduced in NYS Legislature
ALBANY
– State lawmakers will soon introduce a revised, tougher bill designed
to make it easier for victims of child victims abuse to seek justice as
adults, the Daily News has learned.
The
latest draft obtained by the Daily News would raise the top age that a
child sex abuse survivor can bring a civil lawsuit to 55, up from the
current 23.
Gov. Cuomo last week and a previous version of the bill in the Legislature had sought to raise the age to 50.
A
criminal case involving child sex abuse would be able to be brought
until the survivor’s 28th birthday if it’s a felony and 25th if it’s a
misdemeanor, which matches the governor’s legislation and previous
legislative bills that passed the Democrat-controlled Assembly but died
in the Senate that until January was run by the Republicans.
Going
forward, the bill also does away with a requirement that a minor abused
at a public institution like a school must file within 90 days of the
attack of an intent to sue. Under the latest draft, someone sexually
assaulted at a public institution would be able to bring a civil lawsuit
up to his or her 55th birthday.
But
with research showing that many survivors don’t begin dealing with what
happened to them until later in life, lawmakers ultimately decided
giving them even more time to bring a civil lawsuit would be
appropriate, Senate bill sponsor Brad Hoylman (D-Manhattan) explained.
The
latest draft includes language designed to ensure that window will be
open to those abused at both private and public institutions.
Timothy
Cardinal Dolan had groused that the Child Victims Act language
introduced in the governor’s budget proposal last week was vague as to
whether it would treat public and private institutions the same.
Though
Cuomo and the legislative bill sponsors had denied that was the case,
the Legislature’s emerging legislation would specify that those abused
at a school or other public institution could revive an old case even if
they had failed to file a 90-day notice of claim.
After
more than a decade-and-a-half of intense lobbying—and the Democrats now
controlling both houses of the Legislature--survivors and advocates
could see a vote on the Child Victims Act within a week or two, insiders
say.
“It is a watershed moment for adult survivors of child sex abuse,” Hoylman said. “It’s been a long slog.”
Archbishop Daniel Dinardo is the President of the US Conf. of Catholic Bishops, not Tim Dolan. Just saying.
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