Assemblyman Charles D. Fall Introduces First Bill Titled “Marie’s Law”

Assemblyman Charles D. Fall (D-Richmond) today introduced legislation that would amend the domestic relations law that would enhance the standard for courts when it comes to granting custody to minor’s who have been victimized by sexual abuse.

The bill was introduced in response to a 12-year-old Staten Island girl who was sexually abused by a family member who was convicted and served a sentence, however was again sexually solicited by that same family member once supervision ended.

Currently, courts decide on what is “in the best interest of the child” which is the standard with regard to most judgments involving children. The new legislation would strengthen current statute by establishing no custody will be ordered unless the court can prove that there’s “no significant risk to the child” and states its reasons in writing in the court records.

The legislation also details when a child should be considered at significant risk to prevent repeat offenses and allows for courts to place more discretion and take into consideration the wishes of the child, if the child is of sufficient age and a capacity to reason.

Finally, the bill will ensure that once sex offenders are off supervision, courts, law enforcement, child protective service, medical facilities and sex offender registry staff work together to prevent additional act against their victims.

“As a parent of two young girls, it is unconscionable to think that acts of sexual abuse still occur in our society. Sexual rape, abuse and misconduct towards any individual are heinous, especially towards an innocent child. As a lawmaker, I will take every step to ensure that children are protected and that these acts are once and for all abolished from our communities,” said Fall.