Child Victims Act: Four things to know about important new law in New York

Joseph Spector
Albany Bureau

ALBANY - The Child Victims Act in New York that languished for years at the state Capitol became law Thursday, giving victims of child sexual abuse a new opportunity to seek justice against their attackers.

Gov. Andrew Cuomo signed the the bill into law at a ceremony in Manhattan, a victory for victims who have long lobbied for the ability to seek justice from their abusers.

"After a 13-year ordeal and after decades of personal pain for so many, I hope you can find a slight sense of peace and a slight sense of vindication that you did not endure this pain without reason," Cuomo said.

"You endured this pain so that others will not now feel that same pain. Your suffering will stop others from suffering."

Here's what to know about the new law:

What does it do?

Assemblywoman Yuh-Line Niou, D-Manhattan, center, is hugged by Assemblywoman after Niou, a survivor talked about the sexual abuse she experienced as a child while explaining her vote in the affirmative for the Child Victims Act in the Assembly Chamber at the state Capitol on Monday, Jan. 28, 2019, in Albany, N.Y.

The Child Victims Act will change the state's strict statute of limitations on sexual crimes against children and open up a one-year window to revive past claims of any age.

It does three main things:

— Extend New York's statute of limitations to allow for criminal charges against sexual abusers of children until their victims turn 28 for felony cases, up from the current 23.

— Allow victims to seek civil action against their abusers and institutions that enabled them until they turn 55.

— Open up a one-year, one-time-only period to allow all victims to seek civil action, regardless of how long ago the abuse occurred.

More:New York lawmakers approve Child Victims Act, allowing sexual abuse victims to sue

More:Child Victims Act: Here's how it could let survivors seek justice in New York

Why now?

Amid ongoing scandals involving sexual abuse of children within the church and other institutions, advocates said victims should have further recourse against those who have either committed the crimes or didn't do enough to address the problem.

Cuomo has been at odds with the Catholic Church over the measure, as well as his support of a new abortion-rights law.

But Cuomo has cited Pope Francis as saying the church should not protect abusive priests.

"The priests should be punished," Cuomo said Jan. 28.

"Pope Francis said these people should have access to the courts for legal resolution, so I'll stand with the Pope on this one. I think the bishops have worked to protect the church over doing justice. I think they compounded the problem by covering it up and not taking responsibility."

Isn't there still opposition?

In Albany, there was fierce opposition from the church and insurance companies who fear a flood of lawsuits and settlements.

Republicans control the state Senate for the past decade and blocked the measure, even as it repeatedly passed the Democratic-led Assembly.

But with Democrats winning control of the Senate at the polls last November, the whole dynamic changed.

The state Catholic Conference, knowing the bill was likely to pass this year, dropped its opposition last month after it got the Legislature to back language that makes sure public institutions can also be sued during the one-year look-back period.

"We therefore remove our previous opposition and pray that survivors find the healing they so desperately deserve," the Catholic Conference tweeted.

The result? Unanimous approval in the Senate on Jan. 28, and a 142-3 vote in the Assembly.

Now what?

Before the new law, the most serious felony sexual crimes against children already had no statute of limitations.

But mid- and lower-level felonies had a five-year statute of limitations, which kicks in when the victim turns 18.

Now the statute of limitations will be based on age, not length of time since the allegations.

And with the look-back period now opened up, lawyers and victims are planning to come forward with their stories -- and sue.

The look-back period will open six months from now and remain open for a year. So it opens Aug. 14.

"The Child Victims Act gives sexual abuse victims or survivors at least a chance to heal deep wounds, and it gives children at least a chance to be protected," said Mitchell Garabedian, a well-known Boston attorney who has brought abuse cases in New York and elsewhere.

"New York has set an example for most states and countries to follow when amending sexual abuse statute of limitations laws."

More:Sexual-harassment victims tell horrific stories about NY's Capitol in first hearing in 20 years

More:Abortion law in New York: What the Reproductive Health Act does and doesn't do