Evelyn Yang + Ambra Battilana-Gutierrez Join Safe Horizon, Lawmakers + Advocates to Push Albany to Pass ASA

NEW YORK, NY (04/08/2021) (readMedia)-- On Thursday, Evelyn Yang will join with other survivors of sexual violence, including Marissa Hoechstetter and Ambra Battilana-Gutierrez, Safe Horizon and Senator Brad Hoylman and Assembly Member Linda Rosenthal in support of the Adult Survivors Act (ASA): legislation that would provide a one year look back window for any survivor (18+) of sexual abuse to sue his/her abuser in civil court, even if the statute of limitations has expired. The ASA is based on the Child Victims Act under which over 5,000 survivors of childhood sexual abuse have been able to file civil suits.

Earlier this week, Harvey Weinstein filed to appeal his rape and criminal sex act conviction, further illustrating the need for a civil lookback window.

About the ASA

The ASA - (A.648 Rosenthal/S.66 Hoylman) - is modeled on the Child Victims Act, providing 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.

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.

In 2019, recognizing that the statute of limitations were artificially low and not in line with what experts understand about trauma, lawmakers voted to extend civil statute of limitations for the several felony offenses including Rape in the second and third degrees prospectively to 20 years. However, the law does not apply retroactively, meaning that certain survivors who were abused prior to 2019, still have only between 1-3 years to file a civil lawsuit.

According to the science of trauma, it can take survivors years -- even decades -- to process sexual abuse. When those survivors are ready to come forward, it may be too late due to restrictive statute of limitations on sex crimes. For some survivors who may have reported within the statute of limitation, but failed to get a resolution in the criminal justice system the ASA provides a further pathway to justice.

The ASA 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.