Extension of Statute Of Limitations For Child Sex Abuse in New York – Is Justice Better Served By The Markey Bill or The Lopez Bill?
By MICHELE BETTI of Betti And Associates | b&f opinions April 15, 2009
New York State Lawmakers are currently considering two different civil bills relating to expired child sexual abuse claims (A2596/S2568 (the “Markey Bill”) introduced to the NY Assembly by Assemblywoman Margaret Markey, D-Queens and A5708/S3107 (the “Lopez Bill”) introduced to the NY Assembly by Assemblyman Vito Lopez, D-Brooklyn.) The central purpose of these types of civil statutes should be to provide justice to survivors of childhood sexual abuse who for years have remained silent about their childhood trauma. Ultimately, every survivor, advocate and this firm believe no state should have a statute of limitations for childhood sexual abuse cases (like in the case of murder).
Given the choice of either Markey’s Bill or Lopez’s, advocates and survivors choose Markey’s Bill for the following reasons:
When faced with a proposed change to any state’s statute of limitations involving childhood sexual abuse, survivors and advocates should ask themselves whether or not the proposed law a) serves the important purpose of uncovering secret documents about the pedophile; b) prohibits confidentiality agreements; and c) promotes survivors’ healing.
Uncovering Secret Documents
The discovery and publication of hidden documents is crucial in any child sexual abuse case. Bringing such documents to light allows our state’s survivors and citizens to see, first hand, how institutions like religious corporations will protect pedophiles at any cost. Markey’s bill serves this very important purpose because it provides a statutory “window,” effectively allowing all survivors of childhood sexual abuse to pursue their claims against their perpetrators and the perpetrator’s bosses who protected the perpetrator. We expect, like California, in the California “Clergy Cases,” under Markey’s bill, literally thousands of pedophiles and the institutions that covered up the abuse will be revealed. Lopez’s bill, on the other hand provides nowhere near that level of accountability. When taken into account the well known fact that very few victims come forward in their 20s and 30s, one can clearly understand just how little justice Lopez’s bill provides. Survivors get a chance to name their victims right now and the public learns who is endangering — and has endangered — their children. One expert views the Markey Bill as “The Predator Identity Act.” We absolutely agree. Markey’s bill is the only bill that allows for the widespread dissemination and identification of possibly thousands of child predators.
Non-Confidentiality
In nearly every one of the 176 cases in which we have experience every defendant (pedophiles and their bosses) sought a secret settlement — WHICH WE REFUSED — where they demanded the fact of the claim and the settlement would remain unknown. It is a cornerstone of Betti & Franks practice not to agree to confidentiality. Entities like large tax exempt Religious corporations, HMOs, medical facilities, youth organizations, day care centers, schools and foster care programs ultimately want to silence survivors, which in our opinion, stunts survivors’ healing. We adamantly oppose confidential resolution of any childhood sexual abuse claim (unless our clients specifically request it).
Markey’s bill provides for a much broader range of survivors to proceed with civil lawsuits. This broader range (and therefore larger number of survivors) will provide the negotiating power when powerful entities push for confidentiality agreements.
Because Lopez’s bill only allows those under 25 years old to bring a claim, a much smaller group of plaintiffs — who as a whole would have much less bargaining power — would be bargaining against these large corporations (HMO’s, religious organizations, etc.). Thus, Lopez’s bill empowers the pedophiles and their bosses.
Healing
In our experience, a survivor’s healing comes through many different forms. Some heal just by providing information that helps other survivors. Others heal through therapy. Still, others heal through leadership and involvement in advocacy groups like Survivors for Justice and SNAP. Still, others heal when their pedophile is identified to the world. At the core of all of this healing is the identification of each survivor’s pedophile and the entity that protected the pedophile. Markey’s bill, ultimately, is the better alternative for survivors’ healing because it will allow victims of broad-based age groups to identify perpetrators and their bosses. This large-scale recognition of perpetrators ultimately leads survivors to provide information, get therapy, participate in advocacy groups and even possibly take a leadership position in advocacy groups.
The Lopez bill does not promote this type of community support in litigation, which in our experience is vital for survivors in the years during and following the litigation of their cases. Far fewer people will have an opportunity to come forward under the Lopez bill because it only caters to those younger than 25. Again, it is a well known fact that very few survivors are willing to come forward to identify their abusers at such a young age. Therefore, by refusing those 25 years and older from pursuing their claims, the Lopez bill literally prohibits these thousands of victims from healing through the justice served in filing a lawsuit and uncovering the secrets that cause their abuse.
Copyright 2009, b&f opinions.
