Klein clarifies stance on abuse act


To the editor:

I am writing to dispute and clarify the troublesome accusations made about me in last week’s front page article, “Child abuse victims stung by Albany inaction.” 

First, let me say that I have spent my career standing up for the vulnerable and fighting to bring justice to those who have been victimized in some way or another. That’s why the article’s insinuation that I am somehow to blame for another’s inability to receive justice, and further, that I was in some way protecting those who have committed atrocious crimes, was unconscionable to me. 

The article not only completely mischaracterized my position on the Child Victims Act, but also misrepresented my role in moving this legislation. Assemblywoman Margaret Markey has worked tirelessly on this issue for almost a decade, with a variety of Senate sponsors, and has crafted a much better bill in the current legislative session than the earlier 2006-2010 proposal I did not support. Older versions of her bill would have added five years to the existing criminal and civil statues of limitations, and allowed a single one-year period to file previously expired civil actions, primarily against the employers of now-elderly or deceased perpetrators.  But, after that year, the previous bills gave current and future child victims coming forward after their twenty-eighth birthdays no criminal or civil recourse against their abusers, something that I could not support.

The new Markey legislation now eliminates the statute of limitations for both civil and criminal cases, making it a much more solid, and most importantly, victim-friendly piece of legislation that I can and will support. Unfortunately, Markey’s bill did not make it out of committee this year in the Assembly or the Senate, and so it was ineligible to come to a floor vote in either house. Therefore, I was shocked to read that this legislation’s failure to become law rested squarely on my shoulders — for as your readers know, a bill must pass both houses in order to make it to the Governor’s desk for signature.

It is also worth adding that I currently sponsor related legislation that would extend the criminal statute of limitations on child sex crimes by starting the clock on the date the crime is reported to law enforcement or the victim’s 18th birthday, whichever is later. Under my bill, young victims would be able to take as many years as they need to report sexual abuse, and prosecutors would then have the following five years to build a criminal case.

My heart goes out to Mr. Joseph Cumming, profiled in the article, and all victims of abuse who have had their innocence stolen and who deserve a swift and clear path to justice. Child predators, perpetrators and enablers of any and all types of child abuse must be punished — whether it is two or 20 years after a crime may have occurred. I will always stand on the side of victims to ensure we do all that we can to get these predators off of our streets, out of our schools and away from our children. 

It is only by working together, not slinging arrows at one another, that we will be able to pass smart and comprehensive legislation that will get justice for those suffering the pain of past, hidden abuse and protect our children today and tomorrow.



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I'm curious where this support was in May, when the legislation was under consideration. If the statement is based in fact, please explain what action you plan to take to insure the bill is enacted, as constituents, advocates and survivors have been demanding for several years.

Thursday, July 3, 2014

View the video from Albany on how the current statute has been used by schools to hide and enable abuse: https://vimeo.com/98730927

Thursday, July 3, 2014

Dear Senator Klein,

Thank you for your Spirited Editorial.

Many of us know that you are the Champion and Author of the 2006 Rape Bill which eliminated the SoL's on Rape.

And that is why we have been so perplexed on why you haven't helped us or stood with us in the last 10 years, in our efforts to protect our children by exposing Pedophiles, their Enablers, and in a few cases, the Employers that "Aggressively" covered-up these "heinous" crimes against our children and society.

You expressed concern about some Victims filing previously expired civil actions, primarily against the employers of now-elderly or deceased perpetrators. "I don't Understand this at All!"

- What is this about ? ? ? Please explain where you are coming from as you seem more concerned about some employers of now-elderly or deceased perpetrators rather than Our Children. Who are these Employers you are so concerned about? ? ?

Are you aware of the fact that "the recidivism rate for a Pedophile to Rape a Child is 100% and that a typical pedophile has over 120 victims in their lifetime." There is No Cure !

As a result of not addressing this scourge on our society, and holding these criminals responsible, NY tax payers are forced to care for the victims and pay for the costs of treatment, lost wages etc., which have been estimated to be in the Billions.

- Senator, we could close Budget gaps with the monies we save by Passing the Child Victims Act !

California, Delaware and Hawaii are wonderfully "Proven" examples of how well the Child Victims Act works for ALL, not some.

We see that as a "WIN WIN" for All of us rather than concerning ourselves with some employers of now-elderly or deceased perpetrators.

We NEED TO "PROTECT ALL", not just some.


Tim Walsh

Huntington Station, NY

Thursday, July 3, 2014