The Diocese of Rockville Centre in New York is now appealing sections of the New York Child Victims Act, which applies to many current clergy abuse cases. The diocese says that the CVA violates both the state constitution and the diocese’s rights.

The Child Victims Act

The New York Child Victims Act (CVA) was implemented to extend the statute of limitations for survivors of child sexual abuse in New York, applying to both criminal and civil cases. This means that victims are allowed until they are 28 to file a criminal case, instead of the previous limit of 23. The CVA also allows victims until age 55 to file a civil case, instead of the previous cap of up to five years after the victim turned 18.

These extensions to the statute of limitations for criminal and civil cases were added because it is difficult for victims of sexual abuse, especially childhood sexual abuse, to come forward. There are many possible reasons for this: for instance, they may not understand what happened to them, may be afraid to come forward, or may still live with the person who abused them.

When the CVA was passed, it also opened up a one-year window, beginning in August 2019, for abuse survivors of all ages to file a lawsuit against their abuser if the previous statute of limitations had barred them from doing so. On the first day the law went into effect, hundreds of child sex abuse claims were filed.

Diocese of Rockville Centre Appeals Portions of the CVA

So far, the Diocese of Rockville Centre alone is facing at least 44 lawsuits from victims who claim they were sexually abused by priests belonging to the diocese, and other employees or leaders in the diocese.

The Diocese of Rockville Centre is trying to have all 44 of these lawsuits overturned, and is appealing several parts of the CVA, which it claims goes against the state constitution as well as the diocese’s rights.

One of the portions the diocese’s appeal focused on was the one-year window in which any abuse survivors can file suit. The diocese has argued that “the diocese’s motion to dismiss should not be interpreted as an attempt to turn its back on victims, shield predators or reverse its position,” according to diocesan spokesperson Sean P. Dolan. “Rather, it is an effort by the diocese to establish the grounds for continuing to offer just compensation, care and support of abuse in diocesan settings. The diocese is not challenging the CVA in its entirety. It has an issue with certain provisions dealing with previously time-barred claims.”

An attorney of some of the victims who have filed against the diocese noted that “the U.S. Supreme Court has constantly held that the retroactive application of statutes of limitations do not impact any vested rights that are being denied substantively.”

While the diocese had set up a victim’s compensation fund for victims in clergy abuse cases, the compensation available from this fund may be substantially less than what a victim could receive through the Child Victims Act.

If you are a victim of Catholic sexual abuse—even if that abuse occurred years or decades ago—you may be eligible to join the growing number of clergy abuse cases and receive compensation.

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