Editorial

Lift limits on child sex abuse claims

Posted

There is a bill now being considered in the State Senate’s Codes Committee that deserves public support.

The proposed law would eliminate the statute of limitations that now prevents victims who are 23 or older from filing claims of sexual abuse against individuals or private institutions.

Current law limits when a criminal or civil action can be taken against someone accused of certain kinds of sexual acts with children under 18. Accusers must file charges or claims before they turn 23. After that, regardless of what they later say was done to them, victims can find no justice in a New York court.

The Senate bill, S7296, would eliminate the age limit, and also enable victims to bring actions against public institutions, like public schools, without a time limit. Now, unless they file a notice of claim against a public entity within 90 days of the injury, it is dismissed. That requirement would end.

The proposed law would also permit a one-year opportunity for victims to demand an examination of cases that had been denied review because the age limit of 23 had precluded action. So older victims could seek — for one year after the bill became law — a hearing on their sexual abuse claims.

We think the law is needed to help the victims of sexual abuse like incest, sex trafficking and other nonconsensual sexual acts. We believe the current age limit of 23 for the filing of complaints is arbitrary and needlessly re-victimizes the already unspeakably injured.

Victims of childhood sexual abuse often keep their injury secret, either out of a mistaken sense of shame, fears of further injury or later retribution by the abuser, a psychological need to deny that the abuse took place, or a sense that the powerful abuser will prevail and the victim will reveal his or her suffering with nothing gained. It is logical to think that as victims get older — older than 23 — they’re better able to deal with the feelings that prevented them from reporting the heinous acts done to them, and will want to seek justice.

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