Diocese of Rockville Centre files motion to dismiss Child Victims Act
The Diocese of Rockville Centre has filed a motion to dismiss the Child Victims Act that went into effect in August.
The law creates a one-year window for people to file sex abuse claims against their alleged abusers long after the statute of limitations has expired.
A spokesman for the diocese released a statement that says in part, "The Diocese of Rockville Centre asks the court to apply to the Child Victims Act important protections afforded to all New York State citizens under the New York State Constitution."
According to the 79-page motion, "The Court of Appeals has for nearly 100 years interpreted the Due Process Clause in our State Constitution to allow for revival of time-barred claims only in exceptional circumstances where claimants were previously prevented in some specific manner from asserting timely claims."
Mitchell Garabedian says he and his law firm have represented more than 1,000 survivors of clergy sexual abuse. He says there is no constitutional right to a statute of limitations.
"Shame on them, because you have 70- and 80-year-old victims who have filed suit who are waiting for their day in court. At this rate, they may never see one," says Garabedian.
The diocese says it has provided more than $50 million in compensation to 277 survivors with more to come through its own Independent Reconciliation and Compensation Program.