PROTECT-New York

Wins Big for Children

The Incest Loophole, a law that let generations of sexual predators escape justice, has fallen in New York, after months of battle by PROTECT members and allies across the U.S. and abroad. The victory comes after many in the state capitol said it could never be done in 2006.

The bill will now go to Governor George Pataki to be signed into law.
New York now joins two other major states--Illinois and California--in rolling back preferential treatment for criminals who sexually assault their own children. It is the first state to explicity write into its laws that incest against children is rape.

Assembly Vote: 141-0
Senate Vote: 60-0

The unanimous vote on the Circle of Trust bill once again proves that PROTECT's agenda will always win in the light of day. Once PROTECT-New York succeeded in forcing the bill out of the political backrooms of Albany and made public servants vote publicly on it, the outcome was assured.

The New York legislative victory holds special significance in what has come to be known nationally as the Circle of Trust campaign. New York's antiquated incest laws were included in a model penal code in the late 19th century. Other states then adopted the law, spreading the hated incest exception far beyond New York's borders. For more on this history, see Ruby Andrew's article, "Child Sexual Abuse and the State"--(abstract) (free registration required))

We send our deep gratitude--and our congratulations--to every PROTECT member and supporter who helped win this important victory, both inside and outside New York. PROTECT-New York chair Kim Talman and her team of volunteers showed to a national audience how to win despite long odds by fighting for children the same way that other serious lobbies fight for their interests. To the hundreds of people who made phone calls or sent letters and faxes, please take time to celebrate. The legislation passed by a landslide in the light of day... but behind the scenes it was almost killed, so your action truly might have been the one to make a difference.

Passing legislation like the Circle of Trust bill takes passion, skill and doggedness, but sometimes something more is at work. The campaign to overturn New York's incest loophole began with an extraordinary commentary in the New York Times by PROTECT national advisory board member Andrew Vachss. The column hit New York with an impact rarely seen in public life. In the wake of Vachss' powerful call to close the incest loophole, no fewer than eight different bills were introduced in the New York Senate and Assembly, by members of both parties. Vachss, a New Yorker who first brought the shame of New York's--and America's--double standard on child sexual abuse in the home to national attention, set the stage for this important victory.