Revives civil actions for certain sex offenses committed against a person less than eighteen years of age

Section 2. Adds a new section 3012-c to the civil practice law and rules stating that every civil claim or cause of action brought by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article 130 of the penal law committed against a child less than 18 years of age, incest as defined in section 255.25, 255.26 or 255.27 of the penal law committed against a child less than 18 years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law, or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against a child less than 18 years of age, which is barred as of the effective date of this section because the applicable period of limitation has expired is hereby revived, and action thereon may be commenced on or before one year after the effective date of this section.

Section 3. Amends rule 3211 of the civil practice law and rules to set standards for motions to dismiss such actions, and to dismiss affirmative defenses in these actions. In any such action in which the plaintiff is twenty-three years of age or older, or in which plaintiff seeks to revive a time-barred action, any motion to dismiss an action, or in opposition to a motion to dismiss an affirmative defense based upon laches or material impairment in the defense or investigation of such an action must be supported by a certificate of merit from a person with knowledge of the facts. Upon such motion, it shall be a defendant's burden to demonstrate same by a preponderance of the evidence, and the court shall consider whether plaintiff acted in good faith and with due diligence in pursuing the action.

Section 4. Amends section 30.10 of the criminal procedure law to state that a prosecution involving a sexual offense as defined in article 130 of the penal law committed against a child less than 18 years of age, incest as defined in section 255.25, 255.26 or 255.27 of the penal law committed against a child less than 18 years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law may be commenced at any time.

Section 5. Amends section 10 of the court of claims act to state that notwithstanding any other section of law requiring as a condition precedent to commencement of an action or special proceeding that a notice of claim be filed or presented, any cause of action brought against an officer of employee of the state for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article 130 of the penal law committed against a child less than 18 years of age, incest as defined in section 255.25, 255.26 or 255.27 of the penal law committed against a child less than 18 years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law, or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against a child less than 18 years of age, may be commenced at any time.

Section 6. Amends section 50-i of the general municipal law to state that notwithstanding any other section of law requiring as a condition precedent to commencement of an action or special proceeding that a notice of claim be filed or presented, any cause of action brought against a city, county, town, village, fire district or school district for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article 130 of the penal law committed against a child less than 18 years of age, incest as defined in section 255.25, 255.26 or 255.27 of the penal law committed against a child less than 18 years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law, or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against a child less than 18 years of age, may be commenced at any time.

Section 7. Severance clause.

Section 8. Effective date.

Justification

According to the United State Department of Justice, approximately 1.8 million adolescents in the U.S. have been the victims of sexual assault. An estimated 9015 of perpetrators of sexual abuse are known to the child, with about a third being family members. As a result, disclosure of sexual abuse is often delayed, usually until adulthood. Children often avoid telling anyone because they are afraid of a negative reaction or of further abuse or harm at the hands of their abuser.

Unfortunately for survivors of child sexual abuse, New York State does not currently provide much opportunity for legal recourse. According to constitutional scholar and Cardozo Law School Professor Marci Hamilton, New York is one of the worst states in the nation for child sexual abuse statutes of limitation, along with Georgia, Mississippi, Alabama, and Michigan.

Under current law, survivors of child sexual abuse have until their 23rd birthday to bring criminal charges against their abusers for most felony sexual abuse crimes. They have the same amount of time to bring a civil lawsuit against their abuser.

A horrific pattern of child sexual abuse scandals has shown us that now more than ever we need to change how we view the statutes of limitation in cases of child sexual abuse. This bill would remedy the situation in New York by eliminating the statutes of limitation for prosecuting child sexual abuse crimes and filing civil lawsuits for damages against individuals, public institutions, and private institutions related to child sexual abuse.

This act also creates a one-year revival period for previously time-barred civil actions which alleged conduct representing the commission of certain sexual offenses committed against a child less than eighteen years of age.

By eliminating the statutes of limitation in childhood sexual abuse cases, victims of these horrific crimes will get their day in court and finally be able to seek the justice they have been denied.

Legislative history

New Bill

Fiscal implications

To be determined

Effective date

Immediately