New York Injury Law Blog

CHILD ABUSE VICTIMS

STATUTE OF LIMITATIONS — REFORM

We have previously reported regarding efforts in the New York State Legislature to open up a one year “window of opportunity” to victims of childhood sexual abuse. It would have extended the Statute of Limitations on bringing “civil” lawsuits so that virtually anyone, at any age, that suffered sexual abuse, could sue, regardless of the number of years that have passed since the abuse occurred.

Unfortunately, we can now report that for the FIFTH year, the legislation intended to expand the rights of child sex abuse victims has died in the New York Legislature.

The hope on the part of proponents of the legislation was that with the increased outrage over new developments regarding clergy sexual abuse coming to light in the Catholic Church in Europe, that public opinion here would lead to passage. That assessment was wrong.

Since 2002, fifteen states have proposed such legislation. Only Delaware and California have actually passed it. In New York, the legislation “died” in the State Senate committee that deals with that area of law. The legislation is known as the “CHILD VICTIMS ACT.” Sponsors will continue to attempt to get it passed in the future.

Some opponents did indicate that while they opposed eliminating the Statute of Limitations on civil child abuse cases, which could bankrupt some organizations, they would favor lifting the Statute of Limitations on criminal cases so that abusers could be prosecuted.

While sexual abuse claims have been rampant among clergy affiliated with the Catholic Church over the past many years, the clergy of all other religions are not immune from these allegations.

The Borough of Brooklyn in New York City hosts one of the largest concentrations of Jews in the United States. On average some 700 child sexual abuse cases are brought each year by the Brooklyn District Attorney. There were some years when only one or two, or even no such cases were brought involving any of the so-called “ultra orthodox” Jews (including the approximately 180,000 Hasidic Jews) in Brooklyn. To what can we attribute this apparent absence of pedophilia among ultra orthodox Jews that exists in the rest of the population? Was there something inherent, or cultural, or educational, that made this community immune from this aberration?

The reality is that historically, this segment of the population keep strict, unrelenting separation of their lives from the secular world around them. Matters are referred to rabbinical courts, rather than to civil courts, and issues that would otherwise become known are maintained within the community itself. Times, however, are changing, at least in terms of this heinous offense. With publicity all around them showing the secular population trying to deal with the issue of pedophilia abuse cases in New York, there are those in this insulated community that believe the ability of their own community to respond appropriately an adequately, both to the perpetrator and to the needs of the victim, is non-existent. The result: community taboos against going to, and relying upon, civil authorities, are being overcome. Nevertheless, the veneration for the rabbis and the “yeshivas” in the community remain potent and nearly inviolable.

For the attorney dealing in these type of highly sensitive cases, it is mandatory to be sensitive to both the emotional needs of the individual client, and as importantly, to helping the client maintain his or her place, and reputation, in their community. The “Shomer Shabbos” or “frum” community is tight knit. It is guided by concepts, rules and strictures that have enabled it to maintain its identity through the most unimaginably difficult times. It is no easy matter to go outside well established boundaries. The New York City personal injury attorneys representing such individuals must do all that they can to work within the restrictions presented, while gaining the relief to which their client is entitled.

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