The Ultimate Risk to New York Men: The Child Victims Act.
Trojan Horse legislation describes a law that has a benevolent title but contains reductions or eliminations of due process of law targeting social groups. An example of such a law is domestic violence which presumes the complainant as the victim, and amplifies the words of the victim.
New York's Child Victims Act.The latest piece of Trojan horse legislation to come out of Albany is the Child Victims Act. This act allows fakers and posers to play the role of a child victim to seek prosecution against their 'abuser' until the age of 55 in civil cases, a significant increase from the previous limit of age 23. For criminal cases, victims can seek prosecution until they turn 28. The act also includes a one-year window during which victims of any age or time limit can come forward to prosecute.
Key to this law is the stripping away of due process protections for the targeted 'abuser' at various levels. We saw this in domestic violence and child abuse legislation where the words of the 'abuser' are not even considered. Defense was unavailable under the statutes. The only way out was to take a settlement/plea to minimize exposure and damage. Now comes the Child Victims Act.
An Available Method To Weaponize This Law.One method of falsely accusing an 'abuser' involves using this new law. The complainant can take nude, erotic photos that give the appearance of the complainant being underaged. The complainant can manufacture text messages that speak of sex and the complainant can manufacture videos that reveal moans and sexual situations. The burden of proof in a family court is preponderance of the evidence which simply means the higher the stack, the greater likelihood of sustaining the family offense petition.
Kindling: The Family Court Act's Family Offense Procedure Under Article 8.One course of action available to the complainant to get this legal process started is under the Family Court Act to bring a family offense petition which has no statute of limitations for acts complained of. The complainant can file a petition that alleges current misconduct such as excessive texting where no such texting is taking place. Nonetheless, the complainant's aim is to produce a record before the family court at a hearing, which amplifies the testimony of the victim to produce a record for future filing with police.
If the defendant refuses to settle, the referee presiding over the matter will make findings of fact. These can be to the favor of the victim as is almost always the case in these proceedings. The result is an order of protection the victim can trigger any time by simply calling 911, and a factual record that can be crafted at the whim of the victim.
Family Court Orders of Protection Are Useful Because These Can Be Vacated.Family Court orders of protection and their associated records can be pulled by the complainant unlike a criminal court order of protection which cannot be pulled before expiration. Also, family court family offense petitions do not require proof beyond a reasonable doubt; they only require a preponderance of the evidence, so a stack of pornographic photos can sway the family court referee, who stands in the position of obtaining for the state domestic violence funding from the federal government, into granting a two-year order of protection.
However, the aim is to obtain detailed findings of fact that relate stacks of pornography to sex acts perpetrated by the older defendant upon the younger complainant. Those findings of fact as established by a court of law can now be used in future courts of law.
The Deal Is Struck.The complainant can thus gain an upper hand in negotiating a resolution to the complaint. The complainant can trade silence for money and/or property in an extortion scheme. If the abuser pays out, then the complainant can pull the family court order of protection and be gone. If the abuser does not pay up, the complainant can invoke the Child Victims Act in criminal court, basing her allegations on the findings made during the family court hearing on the family offense petition, thus extending her statute of limitations for statutory rape in whatever degree until the complainant is 28 years old, and sue civilly until 55 years of age.
The removal of protections for the man is paid for by the federal government and implemented by New York State in this two-step, record producing process which is available for complainants well into adulthood.