By Ashley M. Casey
Associate Editor
Thanks to a new law passed earlier this year by the New York State Legislature, victims of child sexual abuse have more time to file a civil lawsuit or start criminal proceedings against their abusers.
Assemblyman Al Stirpe (D-North Syracuse) hosted an informational seminar about the Child Victims Act Oct. 24 at the North Syracuse Central School District Administration Building. Stirpe was joined by representatives from the Zero Abuse Project, the Onondaga County District Attorney’s office and Bridie Farrell, a former member of the U.S. National Speed Skating Team and child sexual abuse survivor.
“We finally have the opportunity for the victims to get justice after many years,” Stirpe said.
The Child Victims Act expands both the criminal and civil statutes of limitations for child sexual abuse. Before the CVA, criminal charges had to be filed before a victim turned 23 years old. Now, the criminal statute of limitations is age 28 for most crimes involving child sexual abuse.
When it came to civil litigation, victims used to have to file against perpetrators before they reached age 23 or against institutions — such as a church or school — before age 21. The CVA has expanded the statute of limitations and created a one-year “look-back window” for survivors looking to sue:
• Victims born before Feb. 14, 1996, may file suit against a perpetrator or negligent institution between Aug. 14, 2019, and Aug. 13, 2020.
• Victims born between Feb. 14, 1996, and Feb. 14, 1998, may sue a perpetrator before the victim turns 55 years old. They may only file suit against a negligent institution between Aug. 14, 2019, and Aug. 13, 2020.
• Victims born after Feb. 14, 1998, have until age 55 to file suit against a perpetrator or negligent institution.
Jeffrey Dion, CEO of the Zero Abuse Project, said there may be as many as 5 million survivors of child sexual abuse in New York state, but the crime is underreported.
“Child sex abuse is a crime that breeds in secrecy, and one of the ways that we’re going to stop it is by ending the silence and ending that stigma and letting everyone know we can talk about this,” Dion said. “Not talking about it doesn’t help anybody but the abuser.”
The vast majority of perpetrators of child sexual abuse are known to the victims: family members, coaches and clergy. Only 1% to 4% of perpetrators are strangers.
“We’ve really done children a tremendous disservice by warning them about ‘stranger danger,’ which is a very real but very narrow threat, and not told them about the things that people in their family or their community might do that make them uncomfortable, or do things to them and ask them to keep secrets,” Dion said.
The impacts of child sexual abuse may lie dormant and surface in adulthood. Survivors may suffer from depression, anxiety, eating disorders, substance abuse and post-traumatic stress disorder. They often have dysfunctional relationships with their families or intimate partners. Some victims have trouble holding down a job.
“It’s like being exposed to asbestos and getting lung cancer 30 years from now,” Dion said.
Survivors of child sexual abuse might not disclose what has happened to them for a number of reasons, Dion said. They might feel ashamed or afraid that no one will believe them. Some might not realize what they endured was abuse.
“[They might think,] ‘That was weird and gross, but I’m alive, I’m breathing, I’m not bleeding, I don’t have any broken bones, so I must be OK,’” Dion said, but he emphasized, “The child is never at fault.”
Maureen Barry, assistant district attorney for Onondaga County, said the Child Victims Act takes into consideration the various reasons a survivor might not disclose right away.
Barry said child sexual abuse might not have the same evidence or witnesses as a robbery or other type of crime.
“These crimes don’t occur on the 50-yard line of the Syracuse Dome game. They occur in private,” she said.
Bridie Farrell was sexually abused at age 15 by her 33-year-old speed skating teammate. Sports officials knew her abuser had been harming children for years beforehand.
“When I was learning to ice skate, he was already abusing people. Our paths should never have crossed,” Farrell said.
Farrell, who went on to co-found the advocacy organization NY Loves Kids, said she did not realize she had been sexually abused until the criminal statute of limitations had expired. Fortunately for survivors like Farrell, the CVA’s one-year look-back window gives victims more opportunity to seek justice against their abusers and the institutions that enabled them.
Victims can sue for more than just monetary damages, Farrell said. They can sue for information or for an institution to change its policies to better protect children in the future.
“When one person throws out a stone to speak, the impact is huge,” she said.
Farrell offered advice for survivors who are looking for an attorney to take on their case. She said the right attorney not only will have experience and familiarity with child sexual abuse cases, they will also have a network in a victim’s community to connect their client with therapists and other resources. A good lawyer will communicate clearly with their client. Farrell also suggested consulting several attorneys before selecting one, carefully reading the details of a retainer agreement and choosing a lawyer who works on contingency — that is, one who will only get paid if they win the case.
To find an attorney in your area who handles child sex abuse civil cases, visit victimbar.org/referrals.
If you or someone you love has been affected by child sexual abuse, there is help available. Contact the National Sexual Assault Hotline at 1-800-656-HOPE or online.rainn.org. Vera House provides comprehensive services for those affected by domestic and sexual violence. Call 315-468-3260 or visit verahouse.org. The McMahon Ryan Child Advocacy Center works with child abuse victims in Onondaga County, providing access to medical and legal resources. Call 315-701-2985 or visit mcmahonryan.org.
