5 Years After #metoo, Survivors Gain New Rights Under the Adult Survivors Act

NEW YORK, NY (10/05/2022) (readMedia)-- Five years ago today, the New York Times broke news about Harvey Weinstein's decades of abuse, causing Tarana Burke's #MeToo movement to go viral. Now, survivors who were abused over the age of 18 are on the brink of new rights, thanks to the passage of the Adult Survivors Act (ASA). The ASA is a law that provides a one year look back window for any survivor who was sexually abused as an adult (18+) to sue their abuser in civil court, even if the statutes of limitation has expired. After the State Senate passed the ASA in April, the State Assembly followed suit in May and Governor Hochul signed the bill into law the very next day. It goes into effect on November 24, 2022, at which point survivors will have one year to file a claim. The window closes on November 23, 2023.

"We work with survivors of sexual assault every single day. We know first-hand that, for many survivors, their ability to seek legal recourse expired before they ever felt comfortable telling someone about their abuse," said Safe Horizon CEO Liz Roberts. "The Adult Survivors Act recognizes that every survivor deserves the opportunity to seek justice, no matter when their abuse happened. This is a powerful, and welcome, step forward for survivors."

In anticipation, Safe Horizon – the nation's largest victims service provider and driving force to move the ASA forward over many years – has released a new webinar for survivors who might be interested in filing a lawsuit. The one hour video features expert answers from attorneys Mariann Wang, Laura Edidin, Kevin Mintzer, Carrie Goldberg, Kat Thomas and Jeff Fritz, to frequently asked questions about the legal process.

Safe Horizon will also be releasing a Public Service Announcement (PSA) in November about the ASA, just like it did with the Child Victims Act (CVA) which applied to survivors who were under 18 years old at the time of their abuse. The CVA passed into law in 2019, and the look-back window was extended to two years due to the pandemic. In that time, over 10,000 survivors filed cases.

In 2019, the Legislature also passed legislation that prospectively extended the civil and criminal statute of limitation for certain felony sex offenses including rape in the 2nd and 3rd degree. However, the law does not apply retroactively, meaning that certain survivors who were abused prior to 2019, still have only between 1-5 years to file a civil lawsuit. That's why the Adult Survivors Act was and is necessary.

The FAQ from the webinar is below:

Q: I'm a survivor, and I'm trying to decide whether I want to try to file a lawsuit. If I do file a lawsuit, what should I expect?

The transparent answer is that, for many survivors, bringing a lawsuit is hard, even if the end result is satisfying.

Many find filing a lawsuit emotionally difficult because it can feel like engaging in combat with the person who has caused intense trauma and/or the institution defending them.

Abusers have the right to defend themselves and this usually involves attacking the survivors' credibility, memory, and shaming them for waiting so long to come forward. Even the settlement process can be frustrating as there is a lot of back and forth.

In essence, survivors should be aware of the realities and have a support system they can rely on.

Q: I'm a Survivor and I Want to File – Now What?

Since every sexual offense may not qualify under the ASA, you should speak with a lawyer who can help determine whether or not you have a case.

When you speak to a lawyer, you will have to give details about what you actually experienced – the abuse incidents themselves – which can be difficult to talk about with a stranger.

Q: How do I decide on a lawyer? What kind of lawyer should I use?

It is important to hire a lawyer who has experience working on cases involving sexual abuse or who is an expert in handling sexual assault cases. A lawyer who has had cases that are similar to your experience will help them navigate the unique issues that may arise in your case. You should also feel that you trust them.

Q: How do I find a lawyer?

We cannot recommend specific firms, but a good place to start is the Crime Victim Bar Association page.

If you are not sure if you want to file a suit, here are some questions to ask.

Q: Why Should a Survivor Sue?

Pursuing legal action is a very personal decision. Survivors may want to hold the person who harmed them and/or the institution that enabled that person accountable in the eyes of the law.

Some survivors feel that it's a way to get others to understand that there is no one way that sexual assault happens.

Q: Could a Survivor be Sued for Suing?

It is possible. They may file a counterclaim, most likely for defamation for "harming their reputation."

Q: Will the Survivor Owe Money if they Lose?

It depends. If the court finds the case valid and there aren't valid counterclaims against the survivor, then chances are that they won't owe money.

Q: Is there any way a survivor can sue anonymously?

It is possible but it isn't guaranteed. At the very onset of the case, lawyers can file motions to proceed anonymously. Most lawsuits are filed publicly, and the legal papers are accessible, but there can be exceptions in cases where the plaintiff is a sexual assault survivor.

There's also just a journalistic code of conduct where journalists do not say the name of plaintiffs in sexual assault cases unless they have previously discussed the case themselves.

Q: What if a survivor doesn't have any evidence of what happened?

Evidence or what we call "corroborated evidence", or "corroboration" is sometimes needed and sometimes not needed. Typically, abusers don't abuse their victims in the presence of anybody else so it can be hard to come by.

Examples of this include witnesses the survivor spoke to, notes, diary or journal entries, text messages, emails, letters, and photographs.

Q: What if the abuser who caused harm passes or passed away?

Although you cannot sue a dead person, you can sue their estate if they have one. The estate must be open and have a personal representative.

For example, in clergy abuse cases the diocese was sued, and even though the majority of the priests had passed away, the churches were sued as an institution.