New York residents may soon be affected by a change in the law that determines who is required to report evidence of child sex abuse. That sexual abuse scandal brought to light just how many children were abused by clergy members in the Catholic Church and has led to recent developments in laws, stretching the statute of limitations for a victim to pursue action against an alleged perpetrator.

An assemblywoman in New York has introduced a new law that would make priests and other clergy members mandatory child abuse reporters. Those who proposed the law state that there are 45 other professionals already required to report child abuse in New York state, but the clergy members are not one of them.

New York’s state child protective system and New York state recognize that certain individuals hold an important role of mandatory reporter of child abuse. Some of these roles include physicians, social workers, licensed family therapists, optometrists, daycare center workers, police officers and school officials.

When Does A Person Have A Mandatory Responsibility to Report?

New York state law outlines that there are five main types of professionals that must contact the child abuse hotline if they have a reasonable suspicion that a child has been neglected or abused. This is seen as a professional responsibility designed to enable proper reporting of child abuse.

Although the diocese in New York have been named in numerous individual cases of child abuse, these clergy members are not currently responsible for reporting directly because of a clergy privilege exception. The Catholic Church has a policy of holding any information revealed during the sacrament of reconciliation in strict confidence. New York’s current laws allow clergy to maintain that silence in cases where a parishoner confesses to child abuse.

While the proposed bill will keep that privilege upheld for all other cases beyond child abuse, those priests and others who are informed even in confession that a child has been abused would be made responsible for notifying authorities. The sexual abuse scandal has far reaching implications for those within the church as many victims have come forward to state that they were targeted for sexual assault and rape decades ago and that it has had a damaging effect on their life.

The Brooklyn Diocese reported over 100 clergy members alone accused of sexual abuse.

What Are a Victim’s Rights Under the Child Victim’s Act?

The proposed changed to the mandatory report laws have not yet been enacted, but New York has been a leader in legislation addressing the victims over the last few months.

The Child Victims Act was recently passed in New York, allowing victims to pursue prosecution against the abuser up until the victim reaches age 55 for civil cases. In criminal cases, the victim has until age 28 to pursue legal action. As part of that bill, there’s now a one-year window that allows a victim to file suit regardless of his or her current age.

If you or someone you know was abused by a priest or other member of the clergy in New York state you may be eligible to take legal action based on recent developments in New York law.

This article is not legal advice. It is presented
for informational purposes only.