Model Alliance, Survivor Advocates Respond to Attorney General's Report into Governor's Abuse

NEW YORK, NY (08/03/2021) (readMedia)-- Earlier today, Attorney General Tish James released the report detailing the Governor's abuse. The report found that the Governor broke state and federal laws, including unwanted touching and inappropriate comments with employees. The Model Alliance and survivor advocates issued the following statements, urging the Assembly to impeach Cuomo in light of these findings and pass pro-survivor legislation such as the Adult Survivors Act, in response.

Marissa Hoechstetter and Evelyn Yang, advocates and survivors:

"Survivors of sex abuse have put their lives and bodies on the line to change a system that has routinely abandoned them. The Attorney General's report on the Governor's behavior is further evidence that we still have a system where institutions routinely fail to protect people and hold abusers accountable. We need the New York State Assembly to pass strong pro-survivor legislation like the Adult Survivors Act now more than ever more. There is no way to have a public reckoning for sexual assault without access to the courts. Meaningful change means giving survivors time to come forward, acknowledging those harmed, and delivering them justice."

Alison Turkos, multiple assault survivor, activist and advocate:

"Every day victims and survivors relive our traumas and tell our stories for some semblance of closure against a system that tells us we don't matter. The New York State Assembly cannot continue to sit on its hands, enable Governor Cuomo, and ignore survivors. They must pass pro survivor legislation like the Adult Survivors Act, and they must take action to remove Cuomo from office. Survivors are watching -- and voting."

Sara Ziff, Founder of the Model Alliance:

"The criminal justice system routinely fails survivors, letting perpetrators walk away scot-free, never facing accountability for their crimes while the statute of limitations runs out and with it our chance at justice. That's why survivors need access to the civil courts through the Adult Survivors Act. The Assembly should and must impeach Governor Cuomo, but if they refuse to hold the most powerful person in the state accountable, then they should at least pass legislation to help survivors get their day in court."

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 5,000 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.

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 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.