Clearly, Markey is a bill whose time has come. It has passed the State Assembly three years in a row, is expected to pass again this year, and has a good chance in the State Senate. Lawmakers are now recognizing that child sex abuse is a much different tort than, say, a car accident where the victim calls his lawyer and a lawsuit gets promptly filed.
Child sex abuse is more akin to a toxic tort. If a shipyard worker was initially exposed to asbestos twenty years ago and now suffers an asbestos-related disease, wouldn’t it be unjust to dismiss his case on SOL grounds? Our state legislature has said exactly that – it would be unjust to dismiss his case on the grounds he didn’t file his claim within three years of being initially exposed to the asbestos.
So what did the legislature do? Recognizing that the affects of asbestos and other toxic substances can remain latent in human bodies until a disease manifests itself, the legislature allowed toxic torts to be filed within three years of discovery of the injury, not three years from exposure to the toxic substance.
Child sex abuse is akin to a toxic tort. The injury is latent and devastating. The Markey Bill will bring justice to past victims of abuse and help prevent future abuse
Tzedek, tzedek tirdof – Justice, justice shall you pursue.
