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Rockville Centre, N.Y., Nov 15, 2019 / 01:31 pm (CNA).- The Diocese of Rockville Centre filed a suit challenging New York's Child Victims Act on Tuesday, claiming it is barred by the due process clause in the state constitution.
The act opened a one-year window for adults in the state who were sexually abused as children to file lawsuits against their abusers. It also adjusted the statute of limitations for both pursuing criminal charges and civil suits against sexual abusers or institutions where the abuse took place.
Diocese - Motion - Nov - New - York
The diocese's motion, filed Nov. 12 in the New York Supreme Court in Nassau County, says that “the Due Process Clause allows the legislature to revive formerly time-barred claims only where they could not have been raised earlier,” which it adds “is not so here.”
“The formerly time-barred claims revived by the legislature pursuant to the Child Victims Act all could have been brought within the then-applicable three- or five-year period, after plaintiffs attained the age of majority,” according to the diocese.
Diocese - State - Court - Appeals - Due
The diocese added that the state Court of Appeals “has held that the Due Process Clause allows for the exercise of what it has characterized as an exceptional legislative power 'to remedy an injustice' created by circumstances that prevented the assertion of a timely claim.”
It said claims under the Child Victims Act “do not fit within the scope of this narrowly circumscribed legislative authority.”
Window - Aug
The one-year window opened Aug. 14.
The Child Victims Act was signed into law Feb. 14 by Gov. Andrew Cuomo. In addition to opening a one-year window for suits, it allows child abuse victims to file criminal charges up to age 28, and lawsuits up to age 55. Previously, they had until the age of 23 to file charges or a civil claim.
New - York - Dioceses
Other New York dioceses have not indicated they would challenge the...
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