The perpetrator immediately opposed the lawsuit claiming that the lawsuit is precluded by the statute of limitations.
Of course, the same perpetrator was threatening to kill the victim if she would complain about the abuse, and did it exactly for the duration of the statute of limitations that exists in New York for such crimes and civil lawsuits.
Of course, in civil court, a perpetrator who would preclude the victim, by threats, from filing such a lawsuit, would be equitably estopped from raising the statute of limitations.
But that is - in a fair court.
In the court where it was happening, the perpetrator was protected by a local powerful judge, and the victim was afraid to proceed with the lawsuit.
The statute of limitations in sex crimes is a big problem.
When sex abuse against children occurs, it takes courage for the victim to come forward and testify.
In many states, there are no statutes of limitations in sex crimes, and, I would say, that should be the law in all jurisdictions.
(1) repeal the 5-year statute of limitations (which limits filing of lawsuits by the victim until 5 years after reaching the age of majority, which is 18 + 5 = 23 years of age in New York);
(2) give the previously time-barred victims a 1-year window to file their lawsuits.
You know what organization actually put millions of dollars into lobbying in opposition to the bill?
I do not see Governor Cuomo though issuing any executive orders prohibiting to pour public money into the coffers of various organizations owned and operated by Catholic Church - like he recently did in support of a foreign country, the State of Israel (for which he had no authority whatsoever, as it was a matter of federal national foreign policy).
Churches are public charities receiving tax exemptions from the IRS on the condition that they will not engage in politics.
Catholic Church in New York clearly engaged in politics, attempting to prevent introduction of a certain law that has a potential to bankrupt the church and expose many priests to civil lawsuits, and, possibly, criminal prosecutions, which are currently time-barred.
Here is the text of New York Child Victims Act.
So far, according to the New York Senate's website, the bill is still in the "Committee" - for 3 years, since 2013 when it was introduced.
And the reason why is because it has been stalled by the Catholic Church's lobbying efforts.
When you go to church next time and are expected to donate, please, think what you are donating for.
Because your money has been used so far for lobbying efforts to deny victims of sex abuse - including victims of the clergy, including child victims - a right to a remedy.
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