Friday, September 7, 2018

Assemblywoman Jenne: Church scandal underscores need for Child Victims Act

Assemblywoman Addie A.E. Jenne, D-Theresa, said she is encouraged by Attorney General Barbara Underwood's ongoing investigation into the sexual abuse of children within dioceses of the Catholic Church in the state of New York.

“Survivors deserve our support, and the stories that emerged from the recent Pennsylvania grand jury report demand action be taken," she said.

"The Child Victims Act, which I have co-sponsored, would give victims of abuse by those in positions of power a platform to seek justice. Facing an abuser takes remarkable bravery, and the criminal justice process should empower the victims rather than force them into the shadows,” Assemblywoman Jenne said.

The Attorney General’s Charities Bureau has launched a civil investigation into how the dioceses and other church entities – which are non-profit institutions – reviewed and potentially covered up allegations of extensive sexual abuse of minors.

The Attorney General’s Criminal Division announced last month it was seeking to partner with district attorneys – who are the only entities that currently have the power to convene grand juries to investigate these matters – to investigate and, if warranted, prosecute any individuals who have committed criminal offenses that fall within the applicable statutes of limitations.

Assemblywoman Jenne, a Catholic, noted a recently released Pennsylvania grand jury report showed the church had engaged in a series of cover ups and corrupt behavior to protect church officials alleged to have engaged in criminal behavior.

She said the state Senate's failure to pass the Child Victims Act legislation that has passed the state Assembly means many victims of that abuse in New York State will never get justice due to statutes of limitations rules.

The legislation would apply to many kinds of organizations, not singling out the church.

She pointed out abuse can leave lifelong physical and emotional scars. Childhood sexual abuse victims are left dealing with trauma long after the cycle of abuse has ended, and that trauma is only exacerbated when the abuser is in a position of power at the church that often plays such an important part in their family's life.

“The Child Victims Act helps ensure that survivors of abuse are given time to heal and come to terms with their victimization so that they can seek justice and move forward,” she said.

"It is unfortunate our colleagues in the majority in the state Senate have stopped the important legislation from moving forward. It is further victimization of those who are willing to share their stories," Assemblywoman Jenne said.

The Child Victims Act amends the criminal procedure law to extend the statute of limitations for criminal proceedings, allowing cases to be commenced until the victim turns 28 for felonies and 25 for misdemeanors. It also permits victims to file civil actions up until their 50th birthday.

The bill creates a one-year “look back window” for past victims to bring charges against their abusers. It also gives a trial preference to these revived civil cases so that victims who have waited years to be recognized are heard, the assemblywoman noted.

The act removes the current notice of claim requirement for public entities.

Under current law, individuals who plan to sue a public entity must notify the entity of their intent to do so within 90 days.

The bill also requires judges to undergo additional training for cases involving the sexual abuse of minors to make the criminal justice process less difficult for victims coming forward.

Assemblywoman Jenne said she was pleased to see Diocese of Ogdensburg officials indicate they would be cooperating with the Attorney General's Office.

"The actions of a few in the church are tainting so many priests and other religious leaders. It s time for transparency from the church to protect those who do so much good in the community and to give justice to those who have been abused, It is also time for those on the other side of the aisle to focus on protecting the abused, not the abusers," Assemblywoman Jenne said.

Victims and anyone with information about abuse can call the Attorney General's hotline at 1-800-771-7755 or file a complaint online atag.ny.gov/ClergyAbuse.

An investigator will review all allegations; the Attorney General and its law enforcement partners will seek to protect victims’ and witnesses’ identities.