Monday, May 11, 2009

The Markey Bill

Although this is a"Family Blog" this post may be inappropriate for some readers. Discretion is advised.


There has been quite a bit of discussion these days about a bill in the NY Legislature, the Child Victims Act, better known as the Markey Bill, which has come under close scrutiny by religious groups. Both the Catholic Church and Orthodox and Hasidic Jewish groups oppose the bill.

This bill is certainly not perfect. It extends the statute of limitation on prosecution and civil action against those involved in child sexual abuse (and its psychological impact)to 10 years, up from the current five beginning at the age of 18. It does not however lift a statute that is in place in state law that gives a victim 90 days if the perpetrator works in a public school or government.

The bill also opens a one time, one year window in which the statute of limitations is waived completely, and any victims of abuse can sue the institutions where the crimes took place, regardless of how much time has passed. Also, it does not take into account whether the administration of the institution has changed.

This is where the opposition to the bill comes in. The Catholic Church has already paid close to a billion dollars in settlements and damages stemming from suits brought from laws like these in California and Delaware.

Some are also arguing against the bill because it seems to only target religious or private institutions, because the statute will not be changed for public school incidences.

These are specious arguments, at best.

For too long religious institutions have covered up crimes of abuse of students, parishioners, worshipers, campers, and attendees of youth programs. Shifting personnel to other venues just broadens the abuse cycle as the perpetrators create not only new offenders, but more people who have been damaged into adulthood.

I can see where this would make an institution worry. I understand why there is a fear of lawsuits from old, old cases where there is not even enough information or access to people to help defend the institution. I even understand the fear of capricious suits with no merit. What I cannot abide is the idea that these will be the majority of the suits brought.

I believe that many of these religious institutions need just this sort of wake up call. For far too long they have swept allegations under the rug, discredited the accuser, and kept the accused in positions to inflict more harm. Yes, schools that are entirely funded by fund raising and tuition could be very hurt by this. Yes, parents who had no part of the school, and may in fact have been in diapers themselves when the crimes occurred, will have to shoulder the financial burden should these lawsuits be decided for the plaintiffs. The whole community will be expected to shoulder the burden, and that's exactly what I like about this law.

Unfortunately, too often people are apathetic about issues that do not effect them directly. If it wasn't their kid/neighbor/family member/school, they cluck their tongues and continue on their way. There needs to be PUBLIC OUTRAGE at this scourge that we have allowed to fester in too many of our institutions. Looking the other way, hushing the victims, and generally sweeping the issue under the rug so as not to let it see the light of day does nothing but intensify the pain of victims, and perpetuate the cycle. For too long the community has looked the other way, and has, it seems tacitly been a party to all this.

It is these suits that will bring the entire community into this issue. It is these allegations that will force people to wake up and see what this terrible, terrible crime causes. What better way to counter act a crime that sustains itself in secrecy then shining a huge light on it.

We as a community are culpable for allowing our institutions to get away with this for so long. If this is the price we all have to pay, and it may be great indeed, then that may be exactly what we deserve.

3 comments:

Doobie said...

I also think that this type of law or even fear of this type of law in future will no longer allow our institutions to keep on as staff anyone who may have been accused of this type of crime. We need to make sure that these people are not around children and never given the opportunity to be around children. If there is suspicion of a particular person that needs to be taken very seriously and if the only way to have that happen is fear of later financial retribution (and later loss of reputation) than I think this can only be a good thing. The covering up of this type of crime or allowing it to take place in a different institution is putting our children's welfare last in the very places where they need to be the first priority.

related said...

All comments may be on target. However, unlike the catholic church the jewish institutions do not have access to the same funding. Nor will parents agree to subsidize monies owed by the institutions reckless neglect of dealing with an offender. I agree that because there has been much more focus on abuse and the idea that there will be recriminations all of these institutions will be more vigilent in their treatment of offenders. Hopefully by truly responding to and fairly investigating and following up on any allegations.

FBB said...

To Anonymous,

I would like to post your comment, but because the readership of this blog includes young children, and I do not want to edit you myself, please resubmit your comment (less graphic) and I will post it.

I do not mean to diminish what you went through, but for many this blog is a safe haven online, and I cannot post it as written.

Thank you, and I hope you can find some peace.