State Assemblymember Pat Burke is introducing legislation that could increase criminal responsibility for institutions who cover up rape or other felonies.
It would remove the statute of limitations for entities if they cover up serious crimes, like with the several cases of child sexual assault by priests from the Catholic Diocese of Buffalo, he said.
“Not only are rapists, murderers, don't get to run out the clock on their criminal activity, but also the institutions and the people in those institutions that cover up those crimes don't get to run out the clock on their cover-up," Burke said.
Proper protection means holding institutions criminally accountable, not just in a civil sense, said Kevin Brun, one of the survivors in the Diocese case.
“When you take on someone like the Diocese of Buffalo or institutions like them, you're climbing a mountain," he said. "It's very hard to have them be transparent, and through my experience, it's impossible for them to police themselves.”
Burke also is calling for executive action by Governor Kathy Hochul for the New York State Police to criminally investigate a "broad history of sexual abuse in the Buffalo Diocese."
"We know that more can be done right now that doesn't take have to go through the legislative process, and I encourage the governor to do that," he said.
The alleged 2024 gang rape of a Cornell University undergraduate by seven fraternity members is another case he points for why state intervention is needed. Burke and retired NYS Police Investigator Matt Stegner say it's important to bring in the state police’s campus sex crimes unit to investigate while ensuring independence from an institution.
But that means adding more officers and resources.
"The optics are challenging when the investigating body is working for the institution that you're making an allegation against," Stegner said. "If I pulled you over, and you made an allegation against my professional, probably difficult if somebody in the exact same uniform showed up that I was wearing to ask you these questions."