NEW YORK—Today, a Supreme Court judge in Nassau County reaffirmed the constitutionality of the Child Victims Act (CVA).
Judge Steven M. Jaeger denied the Diocese of Rockville Centre's motion to dismiss a lawsuit filed pursuant to the CVA, claiming that the law was unconstitutional. Judge Jaeger's decision noted that no court in New York has ever struck down a claim-revival statute under a Due Process Clause challenge.
State Senator Brad Hoylman, the Senate sponsor of the Child Victims Act, issued the following statement in response:
“For decades, New York failed survivors of child sexual abuse. Now that the Legislature has passed the Child Victims Act, New York is finally helping them seek justice.
“It's encouraging to see the courts reaffirm the constitutionality of this transformative legislation, though it's to be expected after similar challenges in other states failed as well. Today's ruling confirms what we already knew: New York's Child Victims Act is constitutional.
“Yet today's ruling is also a reminder of the many factors that prevent survivors from coming forward. Legal challenges and constitutional debates continue to prevent some survivors from being heard. That's why it's more important than ever to extend the Child Victims Act's look-back window for a full year, allowing as many survivors as possible to seek justice.
Senator Hoylman and Assemblymember Linda B. Rosenthal sponsor S7082/A9036, which would extend the Child Victims Act’s look-back window for otherwise time-barred civil suits by twelve months. Senator Hoylman and Assemblymember Rosenthal also sponsor the Adult Survivor Act (S6810/A8726), which would create a similar look-back window for individuals who survived sexual assault when they were age 18 or older.