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 one-year “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.

Legal “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 may 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, due to court closures caused by COVID-19, Governor Cuomo announced a five-month extension for the window. Survivors of abuse have until January 14, 2021, to file claims through the “look back” window of the CVA.

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 these claims.

The majority of 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.

Archdiocese of New York

The Archdiocese of New York opened its Independent Reconciliation and Compensation Program (IRCP) in October 2016. The program stopped taking claims in April 2018.

Throughout the course of the program’s lifetime, the archdiocese paid $64 million to settle more than 300 claims of priest abuse.

Diocese of Albany

In 2004, the Diocese of Albany created the Independent Mediation Assistance Program (IMAP). The program was the first victim compensation program among the New York Dioceses and one of the first in the country. The program lasted two years and paid nearly $3 million to settle 40 compensation claims.

However, the IMAP has been heavily criticized. Many claim the program was run by the diocese rather than through an outside mediator. Critics also believe the program did not compensate all possible victims. As the number of compensation programs have grown in the New York Dioceses, critics and advocates have called for the Albany Diocese to open another program.

Diocese of Brooklyn

The IRCP for the Diocese of Brooklyn opened in June 2017. The program stopped taking claims in April 2018.

The Diocese of Brooklyn has paid more than $90 million in settlements through the program.

Diocese of Buffalo

On March 1, 2018, the Diocese of Buffalo opened its IRCP. The deadline to file a claim for the program ended on June 1, 2018. This program only compensated victims who filed a claim with the diocese prior to March 1, 2018.

The program paid $17.5 million to more than 100 victims of clergy abuse in the diocese.

Diocese of Ogdensburg

The Diocese of Ogdensburg announced its IRCP in March 2018. Similar to the Buffalo Diocese’s program, to be eligible for the Ogdensburg program, claimants had to have filed a report of abuse prior to March 1, 2018.

The Diocese of Ogdensburg paid $5.5 million to settle 39 claims.

Diocese of Rochester

The Rochester Diocese opened its IRCP later than most other New York Dioceses. It also abruptly ended its IRCP in March 2019, after working with roughly 30 victims. The diocese claims it ended the compensation program following the passage of the CVA.

Diocese of Rockville Centre

The IRCP for the Diocese of Rockville Centre opened on October 16, 2017. Registration for the IRCP ended February 29, 2020.

Diocese of Syracuse

The IRCP for the Diocese of Syracuse opened in February 2018. Throughout the course of a year, the diocese paid more than $11 million to 79 victims of sexual abuse.

New York Dioceses Bankruptcies

Shortly after lawmakers passed the CVA, the Diocese of Rochester filed for Chapter 11 bankruptcy. In late February 2020, the Diocese of Buffalo also filed for Chapter 11 bankruptcy. In June 2020, the Diocese of Syracuse filed for bankruptcy to handle the numerous lawsuits filed against it.

Because of a growing number of sexual abuse lawsuits, the dioceses owed more money than their assets were worth.

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

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