Reforming the Statute of Limitations for Child Sex Abuse: New York's Child Victims Act Shouldn't Be Political, But It Is

By MARCI A. HAMILTON

Thursday, June 10, 2010

Last week, the New York Child Victims Act (available at http://open.nysenate.gov/legislation/bill/S5893A) was defeated in the Senate Codes Committee. For New York's children, it was a choice that favors child predators, and therefore a bad day. However, it was an interesting session and the bill will be re-introduced next session -- and every session until it is passed, according to sponsors Assemblywoman Marge Markey and Senator Ruth Hassell-Thompson. The only impact is that child predators have one more year to operate under the anonymity afforded by New York's extremely short statutes of limitations for child sex abuse.

The bill embodies the same type of statute of limitations ("SOL") reform that I've advocated in multiple columns here at FindLaw, and in my book Justice Denied: What America Must Do to Protect Its Children. It would create a short 5-year extension for criminal and civil SOLs for child sex abuse, and it would open a "window" of one year for all past victims to come forward without having to worry about expired statutes of limitations. The extension is too short in my view, but the window is absolutely crucial to identifying child predators.

As I've explained, such reform is the only tried-and-true method for identifying hidden child perpetrators, as the enactment of the legislation establishing the California SOL window proved. In this column, I'll further discuss New York's continuing experience with reform for children.