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A long-debated bill that would allow child sexual abuse victims to file lawsuits over decades-old incidents could be considered by the New York State Senate next month.

A Senate vote was postponed in May, but may be revisited before mid-June. The Assembly adopted earlier versions of the bill several times in recent years.

The basic statute of limitations for personal injury in New York State is three years from the date of the incident. Currently, people who were abused as minors have until they are 21 or 23 - depending on the nature of the alleged abuse - to bring a lawsuit.

The proposed bill, known as the Child Victims Act, would allow victims to bring lawsuits until they are 28. And it adds five years to the time for criminal charges to be filed, until the victim has reached age 23.

The bill would also give abuse victims a year-long window to file suit, as long as the incident occurred within 40 years of the adoption of the law or within 40 years of the victim's 18th birthday. The victim must provide a certificate of merit from a licensed healthcare provider demonstrating a reasonable basis for the claims.

The bill initially applied only to non-profit and religious groups and businesses, but was amended to include any public institution, including public schools. The bill's primary sponsor is Assemblywoman Margaret Markey (D-Queens).

Critics say the first bill targeted the Catholic Church and the current one still could jeopardize the Church's social service programs. In other states, such cases are often difficult to prove because of unavailable evidence or witnesses; the accused could even be dead.

According to Dennis Poust, director of communications for the New York State Catholic Conference, the cases could cost the Church thousands of dollars in legal fees and hurt Catholic hospitals, schools, soup kitchens and food pantries.

The Catholic Conference advocates for the state's bishops on public policy matters.

Regarding the proposed bill, Mr. Poust said that "the money comes from our ministries. This is about our ability to continue to help people in New York state. "It's also about justice," he added.

Lawsuits brought against public institutions could also force a hike in property and school taxes, Mr. Poust said: "Not only would it devastate the Church, but every school in the state. In this fiscal economy, it would be the height of insanity to pass this."

The Catholic Conference advocates instead for a bill that would extend the statute of limitations to five years after the victim's 20th birthday. Mr. Poust said this preserves justice for the victim, but also for the accused.

"There has to be a certain point where something is too stale to go forward," he said.

Since 2002, dioceses state-wide have invested $40 million on the sexual abuse scandal - about $24 million in prevention efforts and $14 million in settlements, sometimes private, Mr. Poust said. Regardless of statutes of limitations, the Church offers counseling to victims. The Albany Diocese has a zero-tolerance policy for sexual abuse.

About 56 percent of child sexual abuse perpetrators were found to be parents or other relatives, according to a 2008 study by the U.S. Department of Health and Human Services. About 21 percent fell under a category called "other," which may include clergy.

(05/27/10) [[In-content Ad]]

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