Enacts the Child Sexual Abuse Reform Act; provides for the elimination and extension of certain statutes of limitations relating thereto; repealer

Section 3 Extends the statute of limitations for the offense of hindering the prosecution of a sexual offense against a child less than eighteen years of age for thirty years.

Section 4 Extends from five to thirty years the period of commencement of a criminal action when the defendant has been outside the state or the defendant's whereabouts are unknown.

Section 5 Adds nonprofit corporations (including religious corporations) to the definition of a person.

Section 6 Provides for criminal liability for the conduct of another after the commission of the offense when a person conceals or hinders the discovery or evidence of a child sexual assault offense.

Section 7 Stipulates that a person is incapable of providing consent for sexual acts, when such person receives treatment from a health care or mental health services provider and such provider represents him or herself as a member of the clergy.

Section 8 Adds a new penalty of endangering the welfare of a child in the first degree defined as a class E felony.

Section 9 Adds a new penalty of endangering the welfare of a child in the second degree defined as a class A misdemeanor.

Section 10 Adds endangering the welfare of a child in the first degree and second degree to the list of specified predicate crimes.

Section 11 Adds to the list of potential defenses in a criminal prosecution endangering the welfare of a child in the first or second degree.

Section 12 Establishes penalties for mandated reporters failure to report cases of suspected child abuse.

Section 13 Adds and defines members of the clergy to the list of mandated reporters in the social services law, with an exception for the act of confession or counsel as a spiritual advisor.

Section 14 Requires individuals other than a parent or guardian who are the subject of a report to the statewide central registry to be included in the database of suspected offenders. Section 15 Extends from three to six years the time period in which an action for a child sexual assault offense may be commenced by an individual who was disabled as a result of infancy or insanity at the time of the cause of action.

Section 16 Allows for a period of two years, a cause of action to be commenced in cases of child sexual assault or abuse, when such cause of action was previously barred due to the expiration of the statute of limitations.

Existing law

* Allows statutes of limitations for both prosecuting sexual offenses committed against a child less than eighteen years of age and the offense of hindering the prosecution of a sexual offense against a child less than eighteen years of age;

* Requires cases of action to be brought within five years;

* Excludes religious corporations or nonprofit institutions in the definition of a person;

* Does not provide for any criminal liability after the commission of a crime when evidence of a crime has been hindered or concealed;

* Does not stipulate that patients of clergy members who provide health or mental health care cannot provide consent for sexual, acts;

* Provides only for one penalty of endangering the welfare of a child;

* Does not include endangering the welfare of a child in the first or second degree to the list of specified predicate crimes;

* Does not include: penalties for mandated reporters failure to report; members of the clergy in the list of mandated reporters; or, individuals other than parents or guardians to be included in the database of suspected offenders; and,

* prohibits causes of action to be commenced in cases of child sexual assault or abuse if the statute of limitations has expired.

Justification

Sexual assault is a crime that is devastating and life altering. The emotional confusion and aftermath experienced by a victim of a sexual assault can manifest a number of obstacles delaying or possibly eliminating the process of healing. When the victims of sexual assault are children the process of healing becomes their childhood. When a crime of this magnitude is committed against a child, someone who can not defend or fight for themselves we must fight for them. If we allow the perpetrators of child sexual abuse to continue to prey on the children of New York State, we are not only failing the children, but condoning the actions of these pedophiles. Due to the high number of unreported cases and the effect on the victim's quality of life, it has become very apparent that the current laws of New York State pertaining to child sexual abuse are glaringly inadequate and unable to address the many legal and ethical issues that exist.

The typical child sexual offender molests an average of 117 children, most of whom do not report the offense. Failure to report occurs often for a variety of different reasons. For example children who are sexually abused do not always recognize that they are being victimized. Those who recognize what has happened fear that disclosure will bring consequences even worse than being victimized again. Most children who are victims of sexual abuse know their abuser; this violation of trust develops into an inability to trust leading to another unreported crime. Also the post traumatic stress that occurs from being repeatedly abused in childhood can result in disassociation, preventing memories from being integrated into consciousness and resulting a total denial of the abuse. This coping mechanism may lead to an altered sense of self and extend into adulthood. Many victims suffer from long term psychological disturbances and in extreme cases may develop a multiple personality disorder. Once the disassociation or post traumatic stress disorder develops treatment becomes very difficult and the victims resistant. Many times only as an adult can the survivors of child sexual assault recognize having been abused, confront their abuser and take action.

This legislation and its language is based on the recommendations from the Suffolk county supreme Court Special Grand Jury's investigation into the Diocese of Rockville Center. What became painfully evident through the course of the Grand Jury investigation and report is that New York State statute needs significant modifications to address the many issues pertaining to child sexual assault. This legislation will punish those who perpetrate this crime as well as those who would hinder its prosecution and provide a forum whereby survivors of these horrific crimes truly realize that the law is on their side by giving them an opportunity for justice and closure.

Legislative history

S.4207B of 2003-04 died in Codes Committee S.3088 of 2005 died in Codes Committee

Fiscal implications

State fiscal implications to be determined.

Local fiscal implications

Local District Attorneys' offices could see an increase in the number of cases being prosecuted due to the expiration of the statute of limitations, the new penalties added by legislation, and the three year period whereby causes of action can be commenced in cases of child sexual assault or abuse when such causes of action were previously barred due to the expiration of the statute of limitations.

Effective date

Sixty days after it becomes law. Section 16 of this act shall expire and be deemed repealed three years after the effective date.