Survivors, Lawmakers + Safe Horizon: "Leg Must Stay in Remote Session to Pass Child Victims Act Extension"

NEW YORK (04/07/2020) (readMedia)-- Tuesday afternoon, survivors, lawmakers and Safe Horizon called on the legislature to stay in remote session and pass a one year extension of the Child Victims Act (CVA) lookback window (S.7082/A.9036). The CVA lookback window is due to close on August 14th unless lawmakers act now. Due to the ongoing COVID-19 crisis state courts have closed any non-essential business, effectively curtailing the one year window to seven months. April is incidentally Sexual Assault Awareness Month.

Watch a recording of the press conference call on Zoom here. (Access password: 2227d1)

Both the Assembly and the Senate have passed resolutions and rules changes that will allow lawmakers to function remotely. The New York legislature maintains more sophisticated and well-resourced technology organizations than most states, with the ability to operate remote hearings, committee meetings, and even vote. There is no technological impediment to working remotely. Other states like Pennsylvania, already started holding public meetings, hearings, and voting remotely two weeks ago.

"The COVID-19 pandemic has effectively shut down the civil justice system, curtailing the window from one year to only seven months. Now more than ever, survivors need lawmakers to make good on their promise of a pathway to justice by staying in remote session to extend the window another year," said Michael Polenberg VP of Government Affairs for Safe Horizon.

Last year the legislature passed the Child Victims Act extending the statute of limitations for childhood sexual abuse to 28 for criminal cases and 55 for civil cases as well as opening the lookback window allowing survivors of any age one year to file a civil case against their abuser or any liable institution. Lookback windows are not unique, in fact, many states have windows that are multiple years long. New Jersey and North Carolina have two year windows, California has a three year window, and Vermont and Guam have eliminated the civil statute of limitations altogether.

Since New York's window opened in August over 1,800 cases have been filed but many survivors still may not know their new rights under the law. Other than Safe Horizon, the largest victims services organization in the country, few others -- with the exception of lawyers advertising for clients -- have provided widely available public information to survivors in multiple languages. One in four girls and one in six boys will be abused before their 18th birthday in New York State, meaning there are still thousands of survivors out there who may not know about their new rights. And the science of trauma is clear; it can take survivors decades to be ready to disclose their abuse publicly, extending the lookback window would give thousands of survivors the time to find justice on their own terms.

"New York must keep its promises to survivors-even in the midst of a pandemic. It's always been prudent to extend the Child Victims Act's revival window by another year, matching similar policies in progressive states like California, New Jersey and Hawaii. Now, the massive unexpected interruption to our judicial system from COVID-19 makes the need for extending the CVA more urgent than ever. I will continue working alongside my colleague Assemblywoman Rosenthal to ensure we give adult survivors of child sexual abuse the ability to have their day in court," said Senator Brad Hoylman.

"COVID-19 has already upended so many aspects of our lives, but as legislators, we have a duty, both constitutional and to our constituents, to continue to meet and pass meaningful legislation to advance progressive values and improve access to justice for all new Yorkers. Extending CVA's one-year window is a moral imperative. One year is simply not long enough for survivors, who have suffered through years of torment, to determine whether to file a civil claim against their abuser. Before COVID-19, one year wasn't enough; now in the face of a global pandemic, survivors must be provided with more time," said Assemblymember Linda Rosenthal.

"Survivors worked hard for thirteen long years baring our souls to the public and to the legislature, sharing our pain with anyone who would listen, and finally won this victory to secure justice for ourselves and for all of New York's survivors. We will not let our work be squandered, and we must not deny survivors the justice they deserve. The New York State legislature and governor must extend the deadline for the Child Victims Act lookback window to at least account for the time lost during this pandemic, and for another year beyond it. One year wasn't enough when it passed, it wasn't enough when filings were suspended, and it won't be enough even after the time lost during the pandemic is made up. New York must do right by survivors." Asher Lovy, survivor, director of ZA'AKAH.

"The COVID-19 pandemic has effectively shut down the civil justice system seven months into the one year look back window of the Child Victims Act, locking out survivors who thought they had more time to file a case. The Legislature needs to make good on the original promise of the CVA and stay in remote session to extend the window another year. We survivors deserve more time to pursue justice," said Mary Ellen O'Loughlin, Survivor.

"A lot of work by a lot of dedicated people went into the passage of the Child Victims Act last year. But as was said at the time, our real work had only just begun. Survivors whose cases do not involve a wealthy institution continue to find it nearly impossible to find legal representation they can afford. And now, barely halfway through the narrow one year window, a global pandemic effectively shuts down any and all movement forward in the court system and elsewhere. There is no question that we were on the right path to righting a great wrong. To do anything less than extend the window for another year would be a travesty and a tragedy." said Brian Toale, Survivor.