State Senator Brad Hoylman is pushing to extend the revival window for the Child Victims Act (CVA) by another year because the pause on non-essential court filings cuts short the full 12-month period for survivors to file suit.
“Pausing all non-essential court filings is a difficult but necessary step to protect the health and well-being of our judicial system,” Hoylman said. “When we finally passed the Child Victims Act, we attempted to guarantee a full 12-month period for survivors to file suit. Yet because COVID-19 has indefinitely paused our judicial system, the CVA’s revival window has effectively closed as of today.”
The Office of Court Administration (OCA) last month announced an indefinite pause on non-essential filings and Hoylman argued that as a result, the CVA’s revival window is now effectively closed. The year-long lookback window opened last August when the law went into effect and it is unknown if survivors will be able to file claims again before the window was supposed to close this coming August.
State Senator Brad Hoylman introduced legislation at the end of October that would create a one-year window so that survivors of sex crimes who were 18 years or older can file lawsuits and seek justice.
Hoylman introduced the legislation, titled the Adult Survivor’s Act, after successfully passing the Child Victims Act through the state legislature earlier this year alongside Assemblymember Linda Rosenthal after the bill was stalled for years. Governor Andrew Cuomo finally signed the bill into law in February 2019.
“For too long, justice has been out of reach for adult survivors of sexual crimes,” Hoylman said. “Survivors have experienced horrific trauma and abuse, and many do not immediately come forward—they deserve our support whenever they decide they are ready to pursue justice. The New York State Legislature has already made historic strides to protect survivors by passing the Child Victims Act and prospectively extending the criminal and civil statute of limitations. Now, we must stand with survivors who have been failed in the past by our state’s insufficient laws, pass the Adult Survivors Act, and give these individuals their day in court.”
I am a senior living on East 20th Street and Avenue C near the SBS bus stop. I arrived at the bus stop at 8:45 a.m. (well within “rush hour”). There was a bus outside with the front door open.
I showed the bus driver my MetroCard and said, “Just give me a second to get a slip.” I ran to the machine that was about 5 steps away from the bus. While I was inserting my MetroCard, the bus driver shut the door and drove away.
During this “rush hour,” I had to wait an additional 20 minutes for another bus. If this was the first time this or a similar incident happened, I would let it go. But this happens frequently. The bus parks away from the stop, pulls up when there’s a red light and takes off when the light changes.
By State Senator Brad Hoylman and Assemblymember Linda Rosenthal
A window to long-overdue justice just opened in New York for survivors of child sexual abuse, thanks to the Child Victims Act (S.2440 / A.2683), legislation we sponsored.
Until earlier this year, our state had among the worst laws in the country for survivors of child sexual abuse. New York’s statute of limitations was so tilted against survivors that most had no later than until their 23rd birthday to file criminal charges against their abusers, or until their 21st birthday to file a civil lawsuit.
The Child Victims Act changed that by increasing the criminal statute of limitations by five years and giving survivors the ability to sue their abusers or the institutions that enabled them until their 55th birthday – ensuring that future survivors have more time for legal recourse.
On August 14, one of the most important provisions of the Child Victims Act took effect: a one-year window during which adult survivors of childhood sexual abuse for whom the civil statute of limitations has already expired will be able to file lawsuits against their abusers and the people or public or private institutions that intentionally or negligently enabled the abuse.
State Senator Brad Hoylman during floor debate for the Child Victims Act (Photo by State Senate Media)
By Sabina Mollot
Amidst of a flurry of progressive bill passing and signing in the state capitol, the long-denied Child Victims Act, sponsored by State Brad Hoylman, has finally passed both houses. With Governor Andrew Cuomo having already declared his support — even getting some backlash from the Archdiocese for his newly leftist leanings — the signing of the bill seems just a formality at this point.
The legislation’s language was amended this week to make it clear that secular as well as religious institutions could be held accountable for past incidents of abuse.
Last year it was passed in the Assembly, as it was the year before, but went nowhere in what was then a GOP-led State Senate. This year, however, the bill passed unanimously in the Upper House and nearly unanimously in the Assembly. Opposition to the bill, which has been around at least 13 years, largely had to do with the one-year lookback window of opportunity for starting a claim of abuse in instances where the statute of limitations has expired. The bill will also allow survivors of child sex abuse to file a civil suit against their abusers or institutions that enabled abuse until the age of 55. Currently the age limit is 23. The lookback window will apply to survivors older than 55 as well. Additionally, those abused at a public institution will no longer be required to file a notice of claim as a condition to filing a lawsuit.
Following the bill’s passage, Hoylman admitted he was not expecting to get unanimous support from his colleagues, although he did think it would pass based on the fact that a number of freshman senators had made the CVA part of their platforms. He also credited the bill’s success to new Majority Leader Andrea Stewart-Cousins as well as the activism of sex abuse survivors.
State Senator Brad Hoylman is congratulated by colleagues last week after two of his bills, GENDA and a ban on gay conversion therapy, are passed. (Photo courtesy of State Senator Brad Hoylman)
By Sabina Mollot
Last week, two LGBTQ rights bills that were long-championed by State Senator Brad Hoylman — and long ignored by what was a Republican majority until now — were finally passed. They included a ban on gay conversion therapy and GENDA (The Gender Expression Non-Discrimination Act), which expands the laws on discrimination to include gender identity and expression.
Additionally, the Child Victims Act, which would lengthen the amount of time victims of sex crimes have to file suits, was included in the governor’s proposed budget. The bill has seen some opposition from religious institutions, including schools and the Boy Scouts of America, and a story in the Times Union recently noted a potential loophole that could exempt public schools.
In response, Hoylman said while he is confident there is no such loophole, the bill will be reworked before it is reintroduced this legislative session to prevent there being any questions about this.
GENDA, meanwhile, is expected to go into effect within 30 days of being signed by Cuomo, while the gay conversion therapy ban would go into effect immediately. Part of the GENDA bill would go into effect in November to give local law enforcement agencies time to catch up and also make paperwork changes.
State Senator Hoylman is the sponsor of the Child Victim’s Act and GENDA. (Photo by Maria Rocha-Buschel)
By Maria Rocha-Buschel
Governor Andrew Cuomo highlighted a number of causes frequently championed by State Senator Brad Hoylman in his speech outlining his agenda for 2019 earlier last month, in addition to pushing for the legalization of recreational marijuana.
The governor specifically called for the passage of Hoylman’s legislation that would extend the statute of limitations for child sexual abuse crimes and the passage of the Gender Expression Non-Discrimination Act, which would add gender identity and expression to the state’s hate crime and human rights laws. The governor also called for bolstering gun control measures and passing Senator Hoylman’s bill banning bump-fire stock devices.
Hoylman said that he’s optimistic about the governor’s commitment to pass his legislation, especially because of the Democrats’ new majority. Of Hoylman’s bills that the governor mentioned in his address, the senator said that the Child Victims Act, which would increase the statute of limitations for victims of child sexual abuse, is one of the most crucial.
“New York is an outlier for protections for child sexual abuse and LGBT issues, which were two issues that the governor mentioned, so I’m really glad to see him supporting them,” Hoylman said. “And now we have a Senate to support them. No longer does the governor have to compromise, which unfortunately has been the case in the last decade.”
State Senator Brad Hoylman voted no on numerous parts of the budget that were ultimately passed. (Photo by Sabina Mollot)
By Sabina Mollot
In the latest “Big Ugly,” the state budget released on Saturday morning yanked $4.5 million from tenant protections by completely de-funding the housing agency’s Tenant Protection Unit.
State Senator Brad Hoylman, who voted no against that measure and numerous others included in the budget, blamed his own chamber for the move. However, he said he’s been assured the TPU will continue to be able to operate through emergency funding set aside by the governor, which was also done last year. Still, said Hoylman, “What kind of message does that send to New Yorkers? The budget is a real statement of our values.”
Meanwhile, the Republican-controlled chamber saw fit to spend $3 million of taxpayer funds on an upstate golf tournament because, they said, it would create jobs and spur economic growth in the area.
In arguments that are now online on YouTube, Hoylman responded, “Four and half million dollars was cut from the budget. I’d like to see the Dick’s Sporting Goods money put into the Tenant Protection Unit.”
State Senator Brad Hoylman, Corey Feldman and Assembly Member Linda Rosenthal hold a sign showing how the Senate has yet to include the legislation in the state budget. (Photo courtesy of Brad Hoylman)
By Sabina Mollot
Last Wednesday, actor Corey Feldman joined the chorus of activists in Albany calling for the passage of the Child Victims Act.
The legislation, sponsored by State Senator Brad Hoylman, has been included in the budget proposed by the governor as well as the Assembly’s proposed budget but not the Senate’s. It aims to significantly stretch out the statute of limitations so people who were sexually abused as children have longer to file a claim in court.
In Albany, Feldman spoke at a press conference, where Hoylman said Feldman called out Senate Majority Leader John Flanagan personally for not supporting the CVA.
He also spoke about his own experience with pedophiles.
It’s been a good week for the Child Victims Act, legislation sponsored by State Senator Brad Hoylman that would significantly expand the statue of limitations survivors of sex abuse have to file charges. Currently, they have until the age of 23. Under the legislation, they’d have until 50 for civil cases, 28 for criminal ones.
On Monday, the founder of the Me Too movement, Tarana Burke, said the bill had her support as a survivor of sexual abuse herself.
She told The Daily News that “The origins of the Me Too movement are rooted in the protection of children.”
While actually a decade old, the Me Too movement became a household hashtag last October during the Harvey Weinstein scandal when celebrities encouraged other victims to come forward.
State Senator Brad Hoylman speaks about his legislation by the Fearless Girl statue on Tuesday. (Photo courtesy of State Senator Brad Hoylman)
By Maria Rocha-Buschel
Survivors of child sex abuse joined local elected officials, religious leaders and advocates at the Fearless Girl statue on Tuesday to push Governor Andrew Cuomo to include legislation reforming the statute of limitations for childhood sex abuse in the 2018 budget, prior to the governor’s State of the State address Wednesday afternoon.
State Senator Brad Hoylman, a sponsor of the Child Victims Act, said that the legislation hasn’t been passed because of pressure from “powerful institutional forces” like yeshivas and churches.
“These institutions have covered up these crimes for decades and have lobbied against it but the pressure has been building and we felt it could be different this year,” Hoylman said.