Penn State tragedy illustrates weaknesses in NY's child abuse laws

by Melanie Blow · 2011-12-05 19:11:00 UTC
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Two weeks ago, people nation-wide were reeling from the news that beloved Penn State coach Jerry Sandusky had been arrested for sexually abusing boys. As saddened as I was by the news, one of my first thoughts upon hearing it was “I’m glad this didn’t happen in NY, because if it did, these victims would probably never come forward”.

New York, like many states, has a statute of limitations for the prosecution of most child sex abuses. In NY, victims are generally ineligible to seek justice in civil or criminal courts after their 23rd birthday. It is rare for most sexually abused children to reveal the abuse immediately after it happens, and often they don’t disclose that abuse until adulthood.  Most child sexual abuse is committed by someone the victim is very close to- often a family member or someone their family is close to. Therefore, when a victim discloses, especially if they want to pursue justice in the civil or criminal court system, they often risk tearing their families apart or being disowned. Someone seeking to bring their abuser to court needs to possess a certain amount of mental health, commitment, financial resources and possibly the willingness to live as an orphan the rest of their life. Those are hard things for anyone to have acquired by the tender age of 23, especially someone who is the victim of a heinous crime.

Most experts agree that most adult sex offenders who prey upon children will continue preying upon them until they are incarcerated or enter treatment. That means that for every adult protected by a statute of limitations, there is at least one child placed at risk, needlessly. It also means that many survivors who couldn’t press charges within the statute of limitations are faced with years of guilt at the thought of the predator who harmed them is still preying on children, but there is nothing they can do about it.

Right now, there is legislation pending that will help change this. A5488, the Child Victim’s Act, will extend the statute of limitations for the prosecution of sexual offenses in NY until the victim’s 28 birthday. This gives victims five more years to heal, grow and regroup before they take their battle to the courts. By no matter of means will this law protect all children from sex offenders, but it is a step in the right direction, it will protect some, and it will provide justice for more survivors.

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