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Cuomo’s office did not respond to repeated calls for comment regarding the governor’s position on the bill. But Marci Hamilton, a professor at Yeshiva University’s Benjamin N. Cardozo School of Law, said it is noteworthy that Cuomo has not come out against the bill, given the Catholic Church’s opposition to it. “We don’t have a statement from his office either way yet, which is promising,” she said.
Markey’s bill isn’t the only proposed legislation dealing with the statute of limitations in the assembly this session. Dov Hikind, a Democratic assemblyman who represents the ultra-Orthodox Brooklyn neighborhood of Boro Park, has presented a rival bill that has many of the same components — but there’s one major difference: Hikind’s bill would extend the statute of limitations for victims to file suit against alleged sex abusers, but not against the schools and religious institutions that have, in some cases, protected them.
“The concern is about institutions,” Hikind said. “Yeshivas are hardly surviving financially. You would put them out of business.”
But Hamilton disagrees. In states that have extended the statute of limitations — such as California, Delaware, and Minnesota — institutions sued for protecting sex abusers don’t go bankrupt, she said, but rather pay out victims through their insurance or by liquidating old buildings and empty lots. If sex abuse victims were only able to sue individuals, she added, their restitution would be limited to their perpetrator’s sometimes meager assets.
Hikind’s legislative liaison, Holly Charlesworth, responded that suits are “about the justice” of the victims’ cases more than the money.
Hikind, who has positioned himself as an advocate for sex abuse victims in the Orthodox community, is listed as a co-sponsor on the Markey bill. But he said that he would not endorse the bill if it came to a vote in the assembly.
“I don’t think the Markey bill is going to go anywhere,” he said.
Hikind said that his bill —which he characterized as a politically palatable alternative to Markey’s — was drafted with the input of Agudath Israel of America, an Orthodox umbrella group that has declared that observant Jews must get the permission of a rabbi in order to report sex crimes to secular authorities. Agudath executive vice president David Zwiebel could not be reached for comment before deadline. But in a 2009 interview he conducted with the Orthodox magazine Mishpacha, Zwiebel said that he supported a bill that targeted individuals, not institutions.
“We have no objection to expanding the statute of limitations, or even instituting a window of suspension of the statute of limitations, regarding bringing action against abusers,” Zwiebel said in the interview. “Our only objection is including institutions.”
Hamilton said that Hikind’s proposal would do little to help victims of sex abuse. “The problem is that the bill is still protecting the organizations and the powerful men in those organizations that are creating a lot of the problems,” she said. “So long as the legislators continue to defer to the men in power that are covering up the abuse of children, we are going to have serious problems.”
Hamilton said that the increased press coverage of sex abuse in the Orthodox world has shown the public that the Catholic Church isn’t the only institution to cover up sex abuse. Since The New York Times published its report, the issue has received substantial airtime in the national and New York media. Most recently, Mayor Michael Bloomberg lambasted Hynes for not countering Agudath’s position that victims of sex abuse should obtain the permission of a rabbi before reporting to secular authorities.
“Any abuse allegations should be brought to law enforcement, who are trained to assess their accuracy and act appropriately,” Marc La Vorgna, a spokesman for the mayor, told the Times.