The scourge of child sexual abuse in New York State has reared its ugly head again, and Jordan Merson and the team at Merson Law are there to assist these victims in any way possible.
This week alone, Merson learned of five more individuals who have been subjected to child sex abuse committed by clergy members. Â These victims have shown incredible courage in coming forward and there doing so will help to ensure that all victims have a way of achieving justice no matter how long ago this happened.
Merson is assisting those at the forefront in trying to remove the statute of limitations defense so that those who have been victims will have their day in court and their chance at justice. Call Merson Law immediately to discuss your matter confidentially and for free.
http://www.nydailynews.com/news/politics/statutes-limitations-reform-advocates-call-ny-national-shame-article-1.2621981
Critics blast New York as a ‘national shame’ for failing to change statute of limitations laws in child sex abuse cases
736
Tweet
email
Assemblywoman Margaret Markey is holding a two-day lobbying effort in Albany to push the Child Victims Act, which would eliminate statute of limitations in child sex abuse cases.
Assemblywoman Margaret Markey is holding a two-day lobbying effort in Albany to push the Child Victims Act, which would eliminate statute of limitations in child sex abuse cases.
(MARGARET MARKEY/VIA FACEBOOK)
BY LAURA BULT
NEW YORK DAILY NEWS
Updated: Monday, May 2, 2016, 4:59 PM
New York is “a national shame” when it comes to getting justice for victims of child sex abuse, say people who helped change the antiquated law in other states.The Empire State lags behind states like Georgia, Massachusetts, Florida and Utah, all of which in the past several years have passed bills that lengthened the time victims have to bring their cases to court.As New York Assemblywoman Margaret Markey and Sen. Brad Hoylman gear up for a two-day lobbying effort in Albany to support the Child Victims Act — which would eliminate statute of limitations in child sex abuse cases — the people responsible for changing laws in other states are demanding that New York follow their lead.
COALITION OF JEWISH LEADERS BACKS CHILD VICTIMS ACT
“I don’t understand, frankly, what New York is waiting on,” blasted attorney Michael Dolce, a victim of sexual assault when he was a boy who led a six-year crusade to change statute of limitations laws in his home state of Florida.
New York State Sen. Brad Hoylman is a co-sponsor of the Child Victims Act.
New York State Sen. Brad Hoylman is a co-sponsor of the Child Victims Act.
(ANGUS MORDANT/FOR NEW YORK DAILY NEWS)
“It’s ridiculous, you look at a state like New York…why would you not want the laws to favor our kids?”
In Florida, there are no statute of limitations for civil lawsuits or criminal charges for abuse that occurred when a victim is younger than 16-years-old, according to reforms passed in 2010.
Under New York law, victims of sexual abuse have until the age of 23 to bring either criminal charges or file a civil lawsuit against their alleged abusers — one of the shortest windows in the country that activists say isn’t enough time for traumatized victims to come forward.
ELITE BRONX PREP SCHOOL IGNORED SEX ABUSE ALLEGATION, REPORT SAYS
Justin Conway, 38, is able to take advantage of a two-year window provision in Georgia to sue his former Karate instructor, Craig Peeples, who he and six other men say sexually abused them as boys.
Justin Conway, 38, is able to take advantage of a two-year window provision in Georgia to sue his former Karate instructor, Craig Peeples, who he and six other men say sexually abused them as boys.
(SHERRI EBERT)
Efforts to pass the Child Victims Act have failed four times since 2006 after first passing the Assembly and eventually getting blocked in the state Senate.
“I can’t believe that New York has the worst statute of limitations. That’s a national shame,” said attorney Carmen Durso, who successfully spearheaded a movement to change statute of limitations laws in his home state of Massachusetts in 2012.
Advocates for the reform point to research that indicates that a staggering 80% of people who were abused as children will wait until adulthood to tell anyone about the molestation, according to a 2010 National Institutes of Health study.
In Massachusetts, a victim can file criminal charges as long as 27 years after their 16th birthday.
Michael Dolce, a Florida based attorney, who led a six-year effort to change statute of limitations laws in his state.
Michael Dolce, a Florida based attorney, who led a six-year effort to change statute of limitations laws in his state.
(COURTESY MICHAEL DOLCE)
Those victims might find themselves shut out from any legal recourse once they feel ready to pursue a lawsuit or criminal action, advocates for reform say.
“Why lock out people who haven’t had a chance to recover from their injury brought on them by adults?” Georgia Rep. Jason Spencer, who sponsored a bill to reform the laws in his state, told the News. “You are protecting pedophiles when you do this. This is not justice,” he fumed.
BRONX MAN REMEMBERS SEXUAL ABUSE FROM HIGH SCHOOL PRINCIPAL
“We have a responsibility to put these laws in place,” said Lauren Book, a candidate for Florida State Senate and a victim of sex abuse at the hands of her nanny, Waldina Flores.
Front page of the New York Daily News for March 29, 2016 on child sex abuse statute of limitations: “Oh, you were raped? Too bad.”(NEW YORK DAILY NEWS)
NY Daily News front page April 11, 2016
New York State lawmakers are under pressure to fix a law to allow child victims of abuse to seek justice as adults.
Book, the daughter of a prominent lobbyist, helped lead an effort to add an additional 32 years to Florida’s statute of limitations.
“We still have a long way to go,” she said.
There are 37 states that have eliminated criminal statute of limitations for felony counts in cases of sex abuse of children, according to research by an advocacy group run by Marci Hamilton, a professor at the Cardozo School of Law at Yeshiva University. Others have raised the age by which victims can pursue a case, while more have created “window provisions,” a period of time during which people, regardless of age, can file a civil suit against their alleged abusers.
“All anyone’s asking for is to have the courthouse doors unlocked,” Justin Conway, 38, whose home state of Georgia passed a window provision in 2012 that allowed him and six other men to file a civil lawsuit against their karate instructor, Craig Peeples, who they say sexually assaulted them as boys.
Attorney and statute of limitations reform advocate Marci Hamilton will be joining New York State legislators in a lobbying effort to pass the Child Victims Act.
Attorney and statute of limitations reform advocate Marci Hamilton will be joining New York State legislators in a lobbying effort to pass the Child Victims Act.
(COURTESTY MARCI HAMILTON)
They were previously denied a criminal case because of Georgia’s statute of limitations laws that required them to bring charges before age 23 — just like in New York.
“What’s different now is survivors have a voice. What civil litigation does is it enables the cost of care for victims to be placed on pedophiles and perpetrators as opposed to the taxpayer and, most importantly, it identifies unknown predators in our community,” Conway told the News.
N.Y. SENATE GOP ‘TOO BUSY’ TO FIX CHILD-RAPE LAW
In New York, Assemblywoman Margaret Markey is pushing a bill that would eliminate statute of limitations outright in both criminal and civil cases and would provide for a one-year time window provision where people are able to file civil lawsuits in past cases.
Those who oppose the window provision or eliminating statute of limitations outright include the Catholic Church, the insurance lobby and other religious institutions who say they can’t afford to defend themselves against lawsuits that are old and difficult to prosecute.
“We still oppose the concept of a retroactive window for old abuse cases because of the difficulty in defending such old cases,” Dennis Poust, a spokesman for the New York State Conference of Catholic Bishops, told the News.
“Statute of limitations exist in the law to try to protect due process and serve justice. Over time, witnesses die, evidence is lost and memories fade,” he said, adding that they support a rival bill in New York that would raise the current age of statute of limitations by five years, to 28 years old.
Those who have seen laws change in their states say the Catholic Church’s opposition is baseless.
Utah Rep. Ken Ivory, whose wife was a victim of sexual abuse at the hands of her junior high teacher, sponsored a statute of limitations reform bill that passed in 2015.
Utah Rep. Ken Ivory, whose wife was a victim of sexual abuse at the hands of her junior high teacher, sponsored a statute of limitations reform bill that passed in 2015.
(RICK BOWMER/AP)
N.Y. LAW COULDN’T PROTECT VICTIM FROM ACCUSED PEDOPHILE
“None of that happened. No one’s closing their doors. No one’s being sued out of existence,” Florida attorney Michael Dolce told the Daily News. “It’s not going to happen in New York either because it’s a stupid excuse.”
In the eight states that have allowed a window provision, 2,921 people have filed a civil lawsuit that allow them to pursue old cases, none of which have proven to be false claims, according to Marci Hamilton’s statute of limitations reform research.
“We have not seen a flood of claims. False claims don’t happen,” Hamilton told the Daily News. “I think that the sky did not fall in a single state and I think that those are fantasy objections.”
Lauren Book, a victim of child sexual abuse, is the founder of the group “Lauren’s Kids” and is a candidate for the Florida State Senate.
Lauren Book, a victim of child sexual abuse, is the founder of the group “Lauren’s Kids” and is a candidate for the Florida State Senate.
(OMAR VEGA/LAUREN’S KIDS)
In New York, disturbing cases have rallied public outrage over the issue. As many as 64 students say they were abused by at least 22 faculty members at the elite Horace Mann school in the Bronx. And on Long Island, foster father Cesar Gonzales-Mugaburu was charged with abusing seven boys under his care.
Advocates for the Child Victims Act hope that this will be the year the bill, which now has 60 co-sponsors in the Assembly, gets passed.
“New York is among the very worst states in America for how it treats victims of childhood sexual abuse,” Markey said in a statement. “This is the year to change that deplorable situation.”
Out-of-state advocates, too, hope this year is different.
“Now that we know better, we should do better,” Utah Rep. Ken Ivory, whose wife was a victim of sex abuse when she was a child and who led reforms in his state, told the Daily News.
Utah now has now statute of limitations on civil cases after a bill passed in 2015.
“Hopefully New York will do better by our children as well.”
