Judge throws out constitutional challenge to Child Victims Act

ALBANY – A state Supreme Court justice ruled on Wednesday that New York’s Child Victims Act, which has given survivors of sexual abuse the ability to file decades-old complaints against their alleged offenders, is constitutional.

The decision was a loss for the Rockville Centre Catholic Diocese on Long Island, which had filed a motion to dismiss Child Victims Act cases lodged against the institution in November. The diocese, facing more than 40 claims under the law, argued that the act violated due process rights afforded in the state Constitution – but Justice Steven M. Jaeger of Nassau County disagreed.

Though the legal challenge was filed in Nassau County, the decision – applauded by advocates on Wednesday – has statewide implications.

“Today’s ruling is further proof that the Catholic Church’s efforts to subvert justice and escape accountability simply won’t work,” said attorney Jennifer Freeman of Marsh Law Firm, which has represented dozens of sexual abuse survivors. “This is a victory for the survivors, their families, and all of those fighting back against decades of abuse.”