April 6, 2018 at 1:53 p.m.
EDITORIAL

The wrong window

In another remarkably bad-even-if-it-once-sounded-good idea, the New York State Legislature is considering a bill that would, for a year, lift the statute of limitations on lawsuits alleging sexual abuse of children. The Markey/ Duane bill, named for its sponsors in the Assembly and Senate, would only apply to non-profit and religious groups and businesses, but not public schools or institutions. 

Currently, people who were abused as minors have until they are 23 - five years after their 18th birthday - to bring a lawsuit. The proposed bill would give abuse victims a year-long window to file suit in civil court regardless of how long ago the alleged assault occurred. 

Catholics should oppose this bill for three reasons: equity, fairness and possible bankrupting of Catholic institutions and services. 

First, it is inequitable since it exempts public schools and government. People abused there, to sue, currently must file a notice of claim within 90 days of the incident or, if a minor, within 90 days of turning 18. (According to a federal study, almost seven percent of public school students report being sexually abused by a teacher.) 

Second, the bill eliminates, even if temporarily, a long-held principle of jurisprudence that limits the time during which people can be charged with crimes (other than murder) or sued for misdeeds.

Gov. David A. Paterson shares that concern: "These types of cases could go back 20, 30, 40 years, and since the evidence probably doesn't exist in any way to convict the perpetrator... the accusation would hinder the career of any person who was accused," he told Newsday, the Long Island daily, on March 22. 

Third, opening the floodgates to suits over alleged events of decades back could drain Catholic coffers and lead to the closing of agencies, parishes and social services. In California, a year-long window led to 800 lawsuits and $1 billion in claims. Properties have been sold and services cut to pay the bills. 

The Church is the largest non-governmental provider of health, education and social services - to Catholics and non-Catholics alike - in the state. Cuts to these would hit our poor and vulnerable neighbors most.

The Church has worked mightily, if haltingly, to redress the harm its employees have done and prevent further abuses. In that spirit, we can support alternative legislation that would give victims additional time to file suits and do so on an equitable basis. 

The Lopez/Kruger bill would extend the statute of limitations for sex crimes against minors and amend the law to provide an equal opportunity for victims to file claims against municipal entities as well as businesses, not-for-profits and religious organizations. 

Also, in the cases of child victims, it adds two years to the time for criminal charges to be filed, until the person has reached age 20. Victims would have until they were 25 to bring civil actions. Unlike the Markey/Duane bill, this alternative would not create two classes of victims based on the employer of the alleged perpetrator.

Thankfully, the Governor said he favors this bill, which does not include the one-year window and adds two years to the statute of limitations. Catholics can chime in too by contacting their state legislators. One easy method, via the internet, is to go to the New York State bishops' website, www.nyscatholic.org, and click on "Take Action Now."[[In-content Ad]]

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