As more victims in New York have come forward to lodge Catholic priest molestation claims and share their stories of Catholic Church sex abuse, the state has responded by passing an act that enables child victims who are now adults to pursue legal action.

The Child Victims Act extended the age for victims to bring legal action to 55. This led many people to wonder why that specific age was listed in the legislation. A 2018 study in Germany identified that it took an average of 24 years for a victim to come to terms with what happened to him or her.

According to The Buffalo News, a separate study also in Germany found that the average age for reporting abuse when someone was molested or abused as a child was age 52.

New York is one of the first states to enact legislation with a window on abuse reporting and legal action. A total of nine states have added some form of window. Many of these legal changes are driven by a desire to protect children who might not be able or willing to disclose the abuse until their adult years.

New Allegations of Sexual Abuse in the Catholic Church

A new wave of allegations regarding Catholic priest molestation cases have recently been released. In the last two years alone, according to the Democrat and Chronicle, over 1,260 sexual abuse claims have been officially resolved within the state of New York and over $220 million has been paid out in compensation to victims through the Catholic dioceses located throughout the state.

Some dioceses within the state are reportedly lagging in their resolution of claims, including in the Rochester area. It is expected that a new grouping of lawsuits associated with child sexual abuse carried out by Catholic clergy will appear in courtrooms across New York throughout the summer of 2019.

The new state law eases some of the previously strict limits about how long abuse victims had to file a legal claim. Many of the victims say that they suffered Catholic priest molestation and/or abuse years ago as young boys in the Catholic Church.

Under the new law, it is expected that hundreds of cases will be filed in the coming months. Some believe that diocese locations throughout New York could be pushed towards bankruptcy, depending on how many cases are filed and the damages sought by those lawsuits.

Although the new rules could make it easier for victims to bring forward lawsuits, these still must present firm evidence that the victim in question was abused. The victim must still show a jury through a preponderance of the evidence that the diocese named should have known that the priest accused was an abuser.

For some victims, going through a lawsuit directly and bringing up these old memories can be difficult. Having to meet the burden of proof can be difficult for an older victim who may still be coming to terms with the abuse for the first time.

It is this line of thinking that has some victims wondering whether or not they should look into settlement options to close the matter with the Church and move on with their lives rather than going through court.

New Records Made Available for Use in Investigations

Currently, an Attorney General investigation of Catholic priest molestation cases and the broader issue of church sexual abuse has provided investigators access to private diocese records.

These records allegedly reveal multiple instances of sexual misconduct. Many claim that the Church is responsible for knowing about these issues and failing to do anything about it.

What is the Statute of Limitations for Sexual Abuse Cases in NY?

For many decades, victims were not able to pursue litigation because of the statute of limitations for allegations of abuse.

Statutes of limitations are meant to ensure that witnesses and the best possible evidence are available in the event that a lawsuit is filed. However, the restrictive nature of New York’s previous statute of limitations meant that many victims were unable to file lawsuits alleging abuse that occurred when they were children against clergy and the Catholic Church.

Many victims of child sexual abuse, particularly those who claim that the clergy members are responsible for their injuries, say they were not able to come to terms with the sexual abuse instances until they were in their middle age. The Child Victims Act was recently passed in New York and now allows looser time limits for civil actions.

Victims of child sexual abuse are now eligible to bring lawsuits at any time prior to reaching the age of 55. The law also enabled a one-year window during which anyone is eligible to pursue a legal case over childhood sexual abuse regardless of the age of the accuser or how long ago the abuse occurred.

Just How Big is the Catholic Church Abuse Problem in NY?

An April 2018 report claimed that the New York Archdiocese was the most secretive in terms of priest abuse. That’s according to bishopaccountability.org, a clergy abuse watchdog group.

At that time, the New York Archdiocese was accused doing a poor job in reporting complaints of sex abuse by priests despite the fact that it is the second biggest diocese in the country. At that time, according to lohud.com, a subsidiary of ABC News, over 80 Catholic clergy members were identified as sexual abusers of children.

The first claim to be resolved in the Rochester diocese reconciliation program for Catholic priest molestation cases involved a payment of a $125,000 to a man who claimed that he was victimized many years ago.

By March 2019, around 15 cases were already submitted to the Rochester reconciliation and compensation program. According to the Democrat and Chronicle, this program was established to enable victims of child sexual abuse to have their claims heard by an independent arbiter in a non-adversarial proceeding.  However, accepting compensation from like this could block a child sexual abuse victim from being able to recover compensation in legal action.

As more Catholic priest molestation cases could appear in the courts or in settlement, it is critical for victims to know their rights.