Governor Kathy Hochul Signs Adult Survivors Act into Law
On Wednesday May 25, 2022, Governor Kathy Hochul signed into law the Adult Survivors Act, or ASA, a bill that would allow for a one year “look back period” for victims of sexual assault and sexual abuse that occurred after the age of 18, to bring civil claims against their perpetrators in situations where their claims had previously been time barred by the statute of limitations. This new law was modeled after the Child Victims Act passed in 2019 allowing childhood survivors of sexual abuse to bring civil claims until they reached the age of 55. In that same year, the New York State Legislature extended the statute of limitations to bring claims for crimes of this nature from 3 years to 20 years, but this change did not apply retroactively.
The one year “look back period” begins six months after the effective date of the bill running from November 24, 2022 to November 24, 2023. The ASA also grants trial preference to actions of this kind and directs the Chief Administrator of the Courts to promulgate rules that enable these claims to be adjudicated in a timely manner.
The law allows for a very broad application which will permit survivors to assert claims not only against their abusers as individuals, but also against institutions or employers that would have been liable had the claims been timely asserted. In cases where the abuse transpired in a workplace, employers may be named as defendants in the lawsuits. This will allow victims to assert claims in situations where the abuse arose as a result of the employment relationship and in situations where the individual perpetrator does not have the means to satisfy settlements or judgments.
Research has shown that many victims of sexual abuse do not always process the trauma they endured in a timely enough manner to meet current statute of limitations requirements. Advocates say that this law will allow those victims to seek the justice they deserve.
If you or someone you know has been a victim of sexual abuse and would like to talk more about your legal options, please contact our firm to speak with an experienced attorney. Our office has experience representing victims under the Child Victims Act as well as defending these types of cases.
