Will the Child Victims Act be permanent? “We believe that any legislation dealing with child sexual abuse or adult sexual abuse needs to be equally applied to public institutions as well as private institutions”

After the Adult Survivors Act expired last month, state lawmakers are undertaking a new effort that aims to eliminate the statute of limitations for child sexual abuse cases.

State lawmakers and advocates will make a push next year to completely remove the statute of limitations for child sexual abuse cases in a drive that supporters hope will have national implications. The measure is part of a four-bill package set to be unveiled today that’s meant to address New York’s laws for rape, sexual assault and human trafficking. The proposals are also intended to build on laws in recent years aimed at making it easier for sexual assault victims and survivors to file civil cases. “It’s to protect and improve society – whether it’s a skating rink, a church, Wall Street, or a prison,” Bridie Farrell, a former speed skater-turned-advocate, told Playbook in an interview. “It’s to improve society and make it safer.” Farrell’s organization, America Loves Kids, is leading the campaign to pass the measures. Farrell is survivor of sexual abuse herself and has pressed for laws across the country. The Child Victims Act , first approved in 2019, opened a “look-back” window for abuse survivors to file civil claims, regardless of how long ago the abuse occurred. The deadline to file cases was extended amid the Covid pandemic. Lawmakers and Hochul in 2022 also agreed to the Adult Survivors Act , a measure that applied to people aged 18 and older. The deadline to file cases expired Nov. 23. Prominent people have been sued under the measure, including former Gov. Andrew Cuomo, Mayor Eric Adams and state Sen. Kevin Parker. All have denied any wrongdoing. But now lawmakers and advocates hope to go farther during the 2024 legislative session while also aiding survivors not covered by the initial laws. That includes ending the statute of limitations for most childhood sexual abuse claims – a sweeping move that could result in more cases being filed. “The most important thing that everyone has learned is that trauma takes time,” Assemblymember Linda Rosenthal, the sponsor of the legislation with state Sen. Brad Hoylman-Sigal, told Playbook in an interview. “There are so many reasons why survivors don’t tell people. They’ve been threatened. They feel shame. They feel the stigma and they bury it deep within themselves because it’s so traumatic.” Lawmakers also want to expand the state’s rape shield law to include civil cases that would narrow the scope of what is considered admissible, like how a victim dresses. A one-year look-back window suspending the statute of limitations for sex trafficking victims to file claims is being pushed. And legislators propose creating a “tolling” provision to make it easier for formerly incarcerated people to bring sexual abuse claims once they are released. “The intent is to provide victims with a chance at justice,” bill sponsor Assemblymember Catalina Cruz said. “A person being in prison, a person being detained, doesn’t make them any less worthy of justice, let alone dignity.” Advocates have said they also want institutions that have covered up incidents of abuse and assault held accountable by the push to expand civil sexual assault laws. A flood of legal claims filed under the Child Victims Act have led to multiple Catholic dioceses in New York declaring bankruptcy. The New York State Catholic Conference had dropped its initial opposition to the Child Victims Act. Dennis Poust, the conference’s executive director, called for government entities that may have covered up abuse to be held accountable. “We believe that any legislation dealing with child sexual abuse or adult sexual abuse needs to be equally applied to public institutions as well as private institutions,” he said. — Nick Reisman  https://www.politico.com/newsletters/new-york-playbook/2023/12/19/will-the-child-victims-act-be-permanent-00132403?nname=new-york-playbook&nid=0000014f-1646-d88f-a1cf-5f46b74f0000&nrid=0000016c-97f8-dfed-a7ee-fffdf1cb0000&nlid=630317