Position Statement – 2024

A.1940 (Dinowitz) / S.349 (Cleare)

Relating to the Statute of Limitations of Actions Related to Certain Sex Trafficking Offenses

Support

The Women’s Bar Association of the State of New York (“WBASNY”) strongly supports A.1940/S.349, legislation that amends both the New York Criminal Procedure Law and the Civil Practice Law and Rules to extend the statute of limitations for criminal prosecution, and civil claims, arising from certain sex-trafficking crimes. This legislation also provides a one year revival or ”look-back” window for previously time-barred civil claims, adds “sex-trafficking or sex trafficking of a child” to the types of civil claims permitted under CPLR 213-c, creates a trial preference for revived/look-back claims, and removes the notice of claim requirements (under the General Municipal Law, Court of Claims Act, and Education Law) for prospective civil claims arising from the sex-trafficking of a child.

Trauma, fear, and cultural stigmas frequently lead sex-trafficking survivors to delay their reporting to law enforcement. New York has already recognized this issue by eliminating the statutes of limitations for B-felony sexual offenses, including first-degree rape and incest, as well as aggravated sexual abuse and course of sexual conduct against a child. Similarly in 2019, New York extended the period in which survivors of child sexual violence can commence a civil lawsuit. More, however, is needed to address the crimes perpetrated against survivors of sex-trafficking. Ultimately, this legislation provides sex-trafficking survivors with the same protections already afforded to survivors of other B Felony sex offenses.