By Dan Ornstein
The state of New York joins Mississippi, Alabama and Michigan as the four states with a five-year statute of limitations for cases of child sexual abuse. Yet, research overwhelmingly shows
• Dan Ornstein of Albany is a rabbi at Congregation Ohav Shalom. that children most often cannot begin to confront the trauma of having been sexually abused until well into adulthood.
Professor Marci Hamilton, a legal scholar and social justice activist who researches sexual abuse law, estimates that the median ages at which women and men first disclose having been abused as children are 41 and 38, respectively. Nonetheless, New York law persists in setting the limit for bringing a criminal suit against one’s alleged abuser at age 23, only five years past legal adulthood.
More than 100 rabbinic leaders in New York, myself included, are renewing our call urging the state Legislature to remove this statute of limitations when it revisits limitations reform this spring. As people committed to the best values of Judaism and democratic society, we stand by the teaching of Rabbi Abraham Heschel, one of the leading Jewish theologians and philosophers of the 20th century, that in a free society, some are guilty but all are responsible.
The gross disparity of power between children and adults places the greatest burden of responsibility upon adult society, especially our legal system, to protect children. Even a cursory perusal of religious legislation, going back to the Bible, emphasizes the supreme obligation of those with power and authority to stand up unequivocally for the weakest and most vulnerable members of a community.
The long-term devastating impact of all types of abuse, particularly sexual abuse, upon children is well documented, and by now, common knowledge. Giving a child who was abused the opportunity to heal by removing unfair legal impediments to confronting his or her abuser is a simple matter of justice.
It is also sound social policy. Sexual abusers often commit multiple offenses over many years’ time and against the same victims under the cover of professional authority and institutional protection. Reforming the statute of limitations allows the victims and the law to pursue justice against such horrible criminal behavior.
It also sends the clear message to schools, religious organizations and all other institutions that there is no time limit on their accountability for failing to adequately protect children in their care.
My colleague, Rabbi Ari Hart of the Hebrew Institute of Riverdale, recently wrote, “Fairness, justice and protecting the vulnerable are hallmarks of the Torah — calls made in our sacred texts over and over again. In addition, Jewish law does not recognize the concept of a statute of limitations: If a wrong was committed, if someone was harmed, they always have the right to seek justice.”
Similarly, the Jewish term, tikkun olam — repair of the world — refers to the general imperative of social justice. However, the term’s original legal meaning is the promotion of social welfare and political justice by enacting or modifying laws to prevent injustices from occurring within the legal system.
Statute of limitations reform by our lawmakers this year would go a long way toward fostering tikkun olam for sexual abuse survivors in our state.