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Assemblywoman
Margaret M. Markey
Assembly District 30
Chair, Tourism, Parks, Arts and Sports Development Committee
Assemblywoman Markey Says Poly Prep Settlement is Good News for All Victims of Child Sex Abuse Crimes
Successful outcome in federal court case demonstrates urgent need to change NY’s archaic statute of limitations for child sexual abuse
December 28, 2012

Assemblywoman Margaret Markey (D-Maspeth) says, “The news of a settlement in a case brought by victims of a notorious pedophile-coach at Brooklyn’s Poly Prep Country Day School is welcome relief for these men and for all those who have been victimized by an abuser and an organization or institution that protected him.”

Markey, who has waged a long-running fight to overhaul the archaic New York State statute of limitations for child sexual abuse crimes, says the outcome announced on December 26, “once again demonstrates that victims of child sex abuse cannot get justice in state courts without a change in the current law that denies justice for victims and does not hold those who hide their abusers accountable.”

She said, “The leaders of this respected school systematically denied allegations of abuse of its students despite credible charges over many years. A dozen brave men stood up to hold this school accountable for placing the reputation of the school ahead of the welfare of their students and their groundbreaking success in Federal court is not only a victory for them but sends a strong warning to every institution or organization that tries to cover up charges of child sexual abuse.”

Markey added, “I was proud to stand with several of these plaintiffs and their attorney earlier this year in Albany to help bring attention to their case which was able to proceed in Federal court when they were denied relief in our own state courts because of our archaic statute of limitations for child sex abuse crimes. When the plaintiffs charged that the school not only had knowledge of the validity of their accusations but repeatedly covered up for the abuser, the case was able to go forward and result in this settlement.”

Markey’s legislation, The Child Victims Act of New York, would completely eliminate the criminal and civil statute of limitations for child sex abuse crimes in New York State. Current law requires that a case of abuse must be brought by the time a victim turns 23 years old.

She said: “Eight years ago, I introduced the first version of this bill to extend the statute of limitations for an extra five years beyond current law as I saw how so many victims of abuse were not able to come to grips with what happened to them until they were older. As this case demonstrates, adding a few extra years to current law is not enough. We have seen too many cases in the past year alone – involving Penn State, Syracuse University, the Boy Scouts, the Diocese of Philadelphia, Horace Mann School, and Yeshiva University High School – where the current law is woefully inadequate. That is why my bill in the new Legislature will seek to completely eliminate the criminal and civil statute of limitations for these crimes. My bill also includes a one-year “window” that completely suspends the civil statute of limitations for old crimes that would make it possible for older victims in these cases to get a measure of justice. There is no limit on what is so often a life-time of suffering and anguish for victims of child sex abuse; likewise, there must be no limit on the ability of society to prosecute abusers and to hold accountable the institutions and organizations who protect and hide them – and thereby enable them to continue to prey on new victims.”

 
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