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The Child Victims Act (A.2596) was pulled from the legislative calendar on June 23, 2009 as Assembly leaders found they did not have enough votes to pass it. This bill would have extended the statute of limitations from 5 to 10 years for childhood sexual-abuse victims to bring cases against their abusers. A.2596 would have also created a one year window from the time the bill was enacted that would have allowed anyone to file a claim alleging sex abuse, no matter how old the victim now was or how long ago the alleged act occurred. After the one year period ended, the statute of limitations period would have reverted to the expanded 10 year period.
In the past few weeks, more and more information is coming to light about the role the leaders of the Catholic Church have played in their efforts to conceal abuse by pedophile priests and protect them from prosecution, thus maintaining the Church's reputation and good standing.
In light of these new revelations, it is time for the NY state legislature to revisit A.2596 and finally give the victims of the sexual abuse and systematic cover-up their day in court to face their abusers. |
| The main arguments last year against A.2596 were made by the Catholic Church (duh!), but also by the New York Civil Liberties Union and New York State Association of Criminal Defense Lawyers. The Church claimed that the extention of the statute of limitations and the one year window for anyone to file claims would have brought an onslaught of law suits which could potentially bankrupt the Church. They also claimed the law was biased against the Church, as abuse allegations in public schools were not included in the extentions. The New York Civil Liberties Union and New York State Association of Criminal Defense Lawyers argued that that limitations periods are important because the longer the time between the alleged commission of a crime and the filing of a lawsuit, the more difficult it is to build a defense against the charges.
These claims are ridiculous.
First, the Catholic Church's fear of monetary damage should have been thought of BEFORE they started protecting pedophiles from prosecution. If you can't do the time, don't do the crime.
Second, allegations against public school abuse is dealt with at the source; the teacher or adult involved is suspended or fired, physically separating them from children as their case is tried in the legal system. Pedophilic priests were systematically moved around from parish to parish, avoiding prosecution and maintaining contact with children! The Churches claim they are being unfairly singled out for prosecution is a disgusting attempt to justify their own collusion in covering up abuse.
Thirdly, and most importantly, sexual abuse is a crime that damages the victim far beyond any statute of limitation. The abuser takes away a victim's feeling of self worth, identity, trust, and confidence. Abuse victims are more likely to abuse drugs and alcohol, and many end up in abusive adult relationships, continuing the cycle of abuser and victim. To claim there is a limitation on the right to publicy accuse and prosecute their abusers is unfair to the victim, not the abuser. The manifestations of abuse last a lifetime - the chance to face their abusers needs to be on par.
Day by day it is becoming clearer that sexual-abuse cases have been known and covered up by the Catholic Church for decades, a cover up that is creeping closer and closer to the upper echelons of power (I'm talking to you, Benedict). It is time for the Albany to revisit A.2596 and once and for all allow victims of childhood sexual abuse to have their day in court and face those who abused them AND the institutions who callously turned away from the very children they are supposed to protect. |
