The Remarks Of Speaker Sheldon Silver

Announcing Legislation Eliminating The Statute Of Limitations
On Class "B" Felony Sex Crimes

Speaker's Conference Room
Wednesday, May 10, 2006 [10:30 A.M.]

Former Supreme Court Justice Byron White once asserted that, "Short of homicide, rape is the ultimate violation of self."

We agree, so today, the Assembly Majority is announcing that we will act on legislation to eliminate both the criminal and civil statutes of limitations on Class "B" felony sex crimes.

Among the Assembly leaders who are standing in support of this legislation, and who will be speaking on this bill, are two of its co-sponsors:

• Assembly Member Joe Lentol, the Chair of the Assembly's Committee on Codes;

• Assembly Member Amy Paulin, a longtime advocate for lifting the statue of limitations on rape.

• Also speaking will be the Chair of the Assembly's Committee on Judiciary, Assembly Member Helene Weinstein.

We are honored to have as our special guest, the "Dean" of all of the district attorneys around the state, the distinguished District Attorney from New York County, District Attorney Robert Morgenthau.

Rape is an act of violence and therefore, it has a long-lasting, negative impact on those who survive this heinous act.

Our legislation leaves open the window of opportunity for any victim to seek justice in a time frame that is dictated by their needs and not some arbitrary timetable set by the criminal justice system.

Remember, even with the advent of DNA-identification technology, rape continues to be a highly under-reported crime, because victims do not recover quickly - or sometimes ever - from the violation and the violence they have experienced.

In addition, even though this is 2006, victims still hesitate to report this violent crime because of the "stigma" that our society continues to apply to the victim.

Nevertheless, DNA technology makes it possible to identify a violent criminal even from a tiny amount of tissue left at the scene of the crime.

Let me point out a case District Attorney Morgenthau is dealing with at the present time.

A New York City man was arrested and his DNA apparently links him to some 25 rapes or more.

I ask you, are not all of the women who were raped by this animal entitled to justice?

Are they not entitled to closure? We believe that they are.

The provisions of our legislation will provide rape victims with an important opportunity to seek justice in rape cases, including First Degree Rape, First Degree Sexual Assault, First Degree Aggravated Sexual Abuse, and First Degree Course of Sexual Conduct Against a Child.

Ultimately, DNA evidence gives us an opportunity to identify and prosecute rapists and other violent criminals, that we have never had before. The law should adjust with the times, and not be standing in the way of achieving justice.

We are obligated to seek justice for all of the victims of rape, and to protect our citizens from becoming the future victims of this horrendous act of violence and violation.

I urge my colleagues in the Senate to negotiate this legislation with us quickly, and I urge the Governor to step up and provide the necessary leadership on this critical issue.