Adult Survivors Act Unanimously Passes Senate Finance Committee, Coalition of Support Grows

ALBANY, NY (03/01/2022) (readMedia)-- Today, lawmakers on the Senate Finance committee voted overwhelmingly in favor of the Adult Survivors Act (ASA): legislation, which is sponsored by Senator Brad Hoylman and Assemblymember Linda Rosenthal, that would provide 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 statute of limitations has expired. Now that the ASA has passed the Finance Committee, the bill heads to the floor for a full floor vote in the Senate.

The Senate previously passed the bill last year and is expected to pass it again this year. Meanwhile, 63 Assembly Members co-sponsor the ASA now, including key members of the Judiciary committee. The bill also enjoys the strong support of over 100 survivors, victim service providers and advocates from across New York State. Governor Hochul has previously said she supports the bill in concept.

"Today, the Senate Finance committee stood up for survivors. The need for the Adult Survivors Act could not be clearer. Trauma takes time – and today our justice system took one more step toward giving survivors the time they need to heal. We look forward to the entire Senate voting in favor of the ASA, just like they voted for the Child Victims Act. The Legislature has already made important progress by extending the statute of limitations for sexual assault. Now it's time to finish the job by making those who've waited their whole lives for a pathway to justice," said Liz Roberts, CEO of Safe Horizon.

First introduced in 2019, the ASA is based on the Child Victims Act which passed the Legislature in 2019 with near unanimous support, along with legislation prospectively extending the civil and criminal staute 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.

About the ASA

The ASA - (A.648 Rosenthal/S.66 Hoylman) - is the next important step that the New York State legislature must take to reform the State's long-outdated statute of limitations for survivors of sexual violence. Modeled on the Child Victims Act, the ASA would provide a one-year lookback window to survivors who were abused when they were 18 years old or over. If passed, adult survivors would have one year in which to file a civil claim -- no matter how long ago the abuse happened -- even if the statute of limitations has expired.

Recognizing that the constrained time limits in NY's statutes were not in line with what experts understand about trauma, the legislature in 2019 passed the CVA, which has allowed over 10,000 survivors of childhood sexual abuse to file civil lawsuits to date. That same year, the Legislature extended the civil and criminal statute of limitations for several felony offenses -- including extending the civil statute of limitations for Rape in the second and third degrees prospectively up to 20 years. 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.

The ASA applies to Article 130 crimes, including Rape 2 and 3, criminal sex acts, among others and incest offenses in Section 255. Just like the Child Victims Act, the ASA would also waive the 90 day notice of claim requirement to bring a case against a public institution.

The ASA will create new paths to justice for survivors who were denied access to our courts because of an artificially narrow statute of limitations. The bill will give all survivors, including people who were formerly incarcerated, individuals abused by an intimate partner, and disabled survivors, a much needed chance to hold their abusers accountable.