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Wednesday, September 18, 2019

NY: New law extends statute of limitations for rape crimes

PRESS RELEASE


Governor Andrew M. Cuomo, joined by leaders of the TIME'S UP movement and NOW-NYC, today signed legislation (S.6574/A.8412) extending the statute of limitations to 20 years for rape in the second degree and to 10 years for rape in the third degree. The law also extends the statute of limitations to 20 years for a criminal sexual act in the second degree and incest in the second degree, and to 10 years for a criminal sexual act in the third degree. This law also eliminates the statute of limitations for incest in the first degree and increases the time period in which victims can bring a civil suit for these offenses to 20 years. Prior to this new law, victims only had five years to bring a legal case alleging rape in the second degree or third degree or a criminal sexual act in the second degree or third degree. Altogether, this will provide victims greater opportunity to seek justice.  

"There has been an ongoing and pervasive culture of sexual harassment and abuse in our society, and it is made worse by the fact that victims of second and third degree rape only have five years to bring a legal claim against their attacker. Five years is an insult to these survivors and today we're providing them more time to come to terms with the trauma they experienced and to seek justice," Governor Cuomo said. "This new law recognizes the injustice that has gone on for far too long and honors all the women who have suffered this pain and all the advocates who had the courage to come forward and tell their story so that other women may be spared the pain."  

"As a critical part of our Women's Justice Agenda and in partnership with TIME'S UP, this action will enable New Yorkers to seek justice and help ensure more rapists are held accountable," said Lieutenant Governor Kathy Hochul. "In New York, we are committed to changing the culture, combating sexual harassment, and protecting women against violence. Extending the statute of limitations for rape is a significant step forward for victims across our state."   

Statutes of limitations on rape cases impose a ticking clock on how long victims are able to come forward if they want to seek charges. Over the last year, victims who have suffered in silence for decades have bravely spoken about their abuse, and also have laid bare the state's limited ability to prosecute their abusers due to the passage of time. These victims have also changed the culture of silence, empowering other victims to speak out against their abusers and providing them with a platform to come forward. In recognition of this fact, states across the country are lengthening or eliminating the statutes of limitations on crimes of sexual violence.   

The Governor first proposed these reforms as part of the 2019 Women's Justice Agenda; he proposed it again in the FY 2020 Executive Budget. The initiative was not adopted by the legislature, and with 11 days remaining in the legislative session, the Governor launched the "Women's Justice Agenda: The Time Is Now" campaign urging the legislature to extend the statute of limitations for rape in the second and third degrees.