Lawmakers Seek Solutions for Childhood Sexual Abuse Survivors as Cases Linger in Court System

State Lawmakers Seek Solutions for Childhood Sexual Abuse Survivors as Cases Stall

Albany, NY — State lawmakers are stepping up efforts to address the mounting backlog of childhood sexual abuse cases, as thousands of survivors continue to wait for their day in court. The delays, exacerbated by the COVID-19 pandemic and evasive tactics from insurance companies, have left many survivors feeling abandoned and frustrated.

Since the passage of the Child Victims Act in 2019, which lifted the statute of limitations for survivors to file civil lawsuits, over 10,800 cases have been filed. However, many of these cases remain unresolved, with survivors like Stephen Jimenez, who endured abuse from members of the Order of Xaverian Brothers, waiting six years for a trial. “This has been a problem for literally thousands of survivors across the state,” Jimenez stated. “The state has been failing to enforce the Child Victims Act, and that includes regulating the insurance industry.”

The situation has become increasingly dire, with some survivors aging rapidly and others passing away before their cases can be heard. Attorney James Marsh, founder of Marsh Law Firm, expressed concern, saying, “Many of them have died.” The court system, already overwhelmed by shutdowns during the pandemic, is further strained as judges retire, leaving cases in limbo.

Despite guidance from the state Department of Financial Services (DFS) urging insurers to expedite claims, survivors and their attorneys report a lack of accountability. “At the very least, we need some accountability, some transparency,” Marsh emphasized, calling for answers on how the DFS directive has been fulfilled or ignored.

For many survivors, the opportunity to publicly address their abuse is crucial for healing. Colleen Garbarini, who survived abuse at the hands of a clergyman, recently shared her impact statement with Bishop Edward B. Scharfenberger during bankruptcy court proceedings. “I see you, I hear you,” she told fellow survivors. However, she noted the bishop’s lack of emotional response during the testimony, saying, “That was heartbreaking.”

Lawmakers are now considering revisiting legislation to compel insurers to respond to claims and help survivors secure their day in court. Assemblywoman Linda Rosenthal, who sponsored the Child Victims Act, expressed frustration over a bill that failed to pass this session due to time constraints. “It’s very hard to conjure up those details that are part of the requirements when you go to Court of Claims,” she explained.

Senator Brad Hoylman-Sigal, who sponsored a related measure, is poised to win the election for Manhattan borough president, which could complicate future legislative efforts. “It’s obviously important that we don’t allow a technicality to come between a survivor and justice,” he said.

As lawmakers explore potential solutions, including the possibility of opening another lookback window or permanently eliminating the statute of limitations for child sex crimes, the urgency of the situation remains clear. “Nobody wants to pay, but they have to,” Rosenthal asserted. “Because they enabled, they harbored the abusers.”

A spokesperson for the DFS stated that the department is actively monitoring ongoing litigation and is committed to holding insurers accountable for their obligations. Meanwhile, survivors and their advocates continue to call for action, hoping for a resolution that will finally allow them to seek justice and closure.

As the legislative session approaches, the fate of thousands of survivors hangs in the balance, with their hopes for justice resting on the actions of state lawmakers.