Clergy Abuse in New York

New York Sexual Assault Legislation

In 2002, the Boston Globe exposed a national epidemic of clergy abuse in the Roman Catholic Church. In 2018, a Pennsylvania grand jury report identified 1,000 victims of approximately 300 abusive clergy members. These two events were catalysts for legislative change in many states. New York was one of these states.

New York Child Victims Act (CVA)

In February 2019, New York lawmakers signed the Child Victims Act (CVA) into law. This act expands legal protections for victims of sexual assault. It does this in three significant ways:

1. The CVA extends the legal deadline to file criminal and civil charges against a sexual abuser.
2. The CVA created a “look back” window during which any victim can file a civil claim against his or her abuser.  A victim can file a claim regardless of his or her age at the time of abuse.
3. The CVA allows victims to file a lawsuit without filing a notice of claim for sexual offenses committed against a minor.

New York Priest Abuse Lawsuits

It can take years for a survivor of child sexual abuse to report the crime and seek justice. Some survivors need decades to process the trauma before taking legal action. Often, these survivors lose their right to file a lawsuit because they miss the legal deadline.

When New York opened the one-year “look back” window, victims filed more than 400 lawsuits on the first day. Many of these cases featured decades-old instances of abuse. One diocese facing a large number of lawsuits thanks to the “look back” window is the Buffalo Diocese.

New York Clergy Abuse Statute of Limitations

The state of New York has two different statutes of limitations for survivors of sexual assault. There is a different statute for filing criminal charges versus a civil claim.

Criminal Charges and the Child Victims Act

There are two types of criminal charges. Depending on the severity of the crime, sexual abuse may be a felony or a misdemeanor. The CVA adopted two different criminal statutes based on the severity of the crime.

Felony – Felony charges against an abuser can be filed anytime until the victim turns 28 years old. Before the CVA was enacted, criminal felony charges couldn’t be filed after a victim reached 23 years of age.

Misdemeanor – Misdemeanor charges must be filed before the victim reaches the age of 25. Prior to the CVA, misdemeanor charges were only valid until a victim reached 20 years of age.

If a victim reports abuse to law enforcement, state prosecutors may choose to press criminal charges against the abuser.

Civil Claims and the Child Victims Act

Survivors of child sexual assault may file a civil claim anytime until they reach the age of 55. Prior to the CVA, survivors had to file a civil claim before turning 23.

CVA “Look Back” Window

Apart from extending the legal deadline to file claims, the CVA opened a one-year “look back” window. Anyone in the state of New York who was sexually abused as a child could file a claim during the year. This includes victims with older, expired cases who would otherwise be unable to file a lawsuit, even according to the newer statutes.

The one-year window opened on August 14, 2019. The window was originally scheduled to close on August 13, 2020. However, the window to file was shortened due to court closures caused by COVID-19.

To remedy this, in May, Governor Cuomo announced a five-month extension for the window. Later that month, New York State lawmakers in the Senate and Assembly passed legislation to extend the “look back” window further by a year. Governor Cuomo signed this bill into law on August 3, 2020.

Under the CVA’s new “look back” window, child sexual abuse survivors may file an expired civil lawsuit in New York State courts until August 14, 2021.

This extension does not affect the deadline for victims filing claims against the Rochester Diocese. In September 2019, the Rochester Diocese filed for bankruptcy. This action suspended all sexual abuse lawsuits against the diocese. To receive compensation from the diocese, victims are required to make a claim with the bankruptcy court. Victims were required to file a bankruptcy claim against the Diocese of Rochester by August 13, 2020. This deadline was not extended to match the new “look back” window.

New York Dioceses Settlements & Compensation Programs

In an effort to compensate victims and avoid costly lawsuits, the Catholic Dioceses of New York each created a victim compensation program. According to the Democrat & Chronicle, in just two years, these programs resolved more than 1,260 claims of sexual misconduct across the state of New York. The programs paid more $228 million in compensation to settle victims’ claims.

These programs are no longer taking claims. However, if a victim was abused by a Catholic clergy member in the New York Dioceses, he or she may file a lawsuit under the CVA.

NY Dioceses Compensation Program Details By Diocese

New York Dioceses Bankruptcies

Currently, three of the eight New York Catholic Dioceses have filed for Chapter 11 bankruptcy due to sexual abuse allegations:

• The Diocese of Rochester filed for bankruptcy in September 2019.
• The Diocese of Buffalo filed for bankruptcy in February 2020.
• The Diocese of Syracuse filed for bankruptcy in June 2020.

These New York Dioceses are three of more than twenty dioceses or religious orders that have filed for bankruptcy in the United States.

Additionally, the Diocese of Ogdensburg is currently considering filing for Chapter 11 bankruptcy due to a large number of pending abuse lawsuits and budgetary issues.