Prepared Testimony of Kathryn Robb, co-founder of

New Yorkers Against Hidden Predators

JOINT SENATE/ASSEMBLY LEGISLATIVE HEARING ON 2018/2019

BUDGET: Public Protection

January 30, 2018

Good morning Senator Young, Senator Lanza, Assemblywoman Weinstein,

Assemblyman Lentol, Committee Members and other Members of the Legislature. On

behalf of the New Yorkers Against Hidden Predators, I thank you for this opportunity to

submit testimony to your committee for consideration and to be entered into the public

record.

My name is Kathryn Robb. I was born and raised in Manhassett, and I am a survivor of

childhood sexual abuse. New Yorkers Against Hidden Predators was founded by

myself, Stephen Jimenez, a survivor, journalist, and advocate, and Marci Hamilton,

CEO of CHILD USA and Professor of Practice at the University of Pennsylvania. Each

of us has been fighting to pass the Child Victims Act for over a decade, and have joined

together with other survivors and advocates committed to passing this bill in New York.

We have been travelling across the state, speaking with other survivors and their

families, meeting with reporters and newspaper editorial boards, and calling on all

legislators to support this effort and stop protecting the predators hiding in all our

communities.
I am here today to urge you to support Governor Cuomo’s inclusion of the Child Victims

Act in the Executive Budget. This provision will reform New York’s antiquated child

sexual abuse laws so that hidden child predators are identified and New York’s children

are protected.

Currently in New York State we have some of the most restrictive statute of limitations

for child sex abuse crimes of any state in the country. Most victims are barred from filing

most criminal and civil claims once they turn 23 years-old. Victims have until only 21 to

bring civil complaints against institutions, and children abused in a public setting such

as a school have only 90 days from the incident.

When children are abused, it often takes decades for them to come forward. The

average age is closer to 40. My own abuse started when I was nine. It took me until 46

to finally publicly share my story. Hidden predators benefit from the lag time between

the abuse and the ability of the vast majority of victims to come forward. By the time the

victim is ready, it is far too late to bring their abusers to justice—and in many cases

going public would put the victim in legal jeopardy for libel/slander.

The CVA would expand criminal and civil statutes of limitation of child sexual abuse

cases and will create a 1-year “window” for previously unaddressed civil claims to be

heard.
Under the proposal, the criminal statute of limitations would be eliminated, and civil

claims could be brought up to 50 years beyond the dates of the abuse. By extending

these arbitrary deadlines, victims will have the time they need to process their trauma—

without constant worry of running out of time to bring justice to their abusers. This is not

about retribution. This is about protecting all New York’s children from the abusers

protected by the short statutes, who remain lurking in institutions, communities,

organizations, and families right now.

It’s hard to understand how anyone could be against the Child Victims Act. It protects

kids and brings their perpetrators out of hiding. But some have cited the one year

“window” as the reason behind their opposition. Some say it will bring financial ruin to

private and religious organizations or encourage false claims, but in the eight states that

have allowed a look-back time periods, less than 2,000 people filed lawsuits in any one

state for previous abuse and according to the public record, no cases were unfounded.

There is an irony in the opposition to a window for sex abuse victims. At the same time,

New York State has created look-back windows in legislation for other groups of

victims—just not abused children. One 2016 law included a two-year window for

Vietnam Veterans exposed to Agent Orange who were previously denied justice.

Another allowed residents exposed to toxins at federally designated Superfund sites

additional time to come forward.

For years I and my fellow survivors have been asking you and your colleagues to

support the Child Victims Act, to support victims who had their childhoods ripped away

and to protect today’s children from becoming more statistics.

We know one in four girls and one in five boys is a victims of childhood sexual abuse.

We know many of these victims experience significant emotional and physical

repercussions throughout their lives—high instances of anxiety, depression, drug

abuse, and PTSD. In fact, a common thread in stories of both chemical dependency

and homelessness is being abused as children.

Fundamental fairness to victims and the taxpayers requires the window. CHILD USA

has provided the fiscal explanation for including the Child Victims Act in the budget. The

Child Victims Act does not help victims alone. It also relieves taxpayers of having to

pay for sex abuse while those who caused it operate scot-free. While 1 in 3 New

Yorkers receive Medicaid, sex abuse survivors disproportionately receive support due to

the effects of trauma. In settlements that are reached in child sex abuse cases, a

‘Medicaid lien’ is placed on the settlement funds for the coverage directed to the

problems arising from the abuse. Without the Child Victims Act, the Medicaid funds

needed for treatment cannot be reimbursed—meaning New York’s taxpayers are paying

instead of the perpetrators and the institutions responsible.

The costs of sex abuse are staggering. Studies have concluded that the cost of non-

fatal child abuse over a lifetime is approximately $210,000. It is ridiculous for the victims
and taxpayers to bear that burden. The Child Victims Act levels the playing field by

imposing liability on the ones who caused the abuse instead.

Enactment of the “window” will lead to an estimated reimbursement of state Medicaid

for at least $250 million – when these Medicaid liens are paid out of settlements. In fact,

the savings to the state are likely to be far greater. In other states that have

implemented the window, the number of cases filed during that period have ranged from

two to 1,175. Most recently, the window period in the state of Minnesota allowed over

1,000 victims to get civil justice. Our state population is 3.5 times larger than Minnesota,

so we could expect 3,500 to take the opportunity to bring their abusers to justice. But, if

just 2,000 civil suits are settled, this will save hundreds of millions of dollars for New

York State taxpayers – all while protecting children.

The cost savings reaped from the window will also play out as part of the civil extension.

Letting victims come forward when they are ready means that more will and therefore

more of the cost of the abuse will be shifted to those responsible – rather than the

taxpayers.

We have a moral obligation to protect our most vulnerable. If we as a state cannot

protect children from hidden predators and bring their abusers to justice, we are on the

wrong side of history. I urge you to include the Child Victims Act in your one-house

budgets and final state budget negotiations.

I would like to thank Governor Cuomo for including the Child Victims Act in his budget,

Senator Hoylman and Assembly Member Linda Rosenthal for sponsoring the Child

Victims Act in the legislature and all the members who have voiced their support for this

important reform. We hear you and we thank you.

On behalf of New Yorkers Against Hidden Predators, and my co-founders, Stephen

Jimenez and Marci Hamilton, thank you for this opportunity to testify before you today. I

would be happy to address any questions you may have or to continue discussing this

important legislation at any time.