NYS Senate Passes Urgent Fix to CVA and ASA to Ensure Survivors in NY Can Access the Justice They Deserve

ALBANY, NY (05/12/2026) (readMedia)-- Yesterday, the New York State Senate passed a critical bill, A8635B/S9848 (Rosenthal/Salazar), that will allow survivors who sought justice under the Adult Survivors Act (ASA) or Child Victims Act (CVA) to have their day in court. Survivors who brought a case against the State or a municipality are often subject to the Court of Claims Act, which requires them to report the time, date, location and damages of their abuse. The same standard does not exist for survivors suing a private individual or entity. Due to higher standards in the law, which was upheld in a March 2025 Court of Appeals ruling, some of the close to 1,500 cases filed under the ASA and about 300 cases filed under the CVA are in jeopardy of dismissal. The State has already succeeded in dismissing some of them. Requiring this level of specificity in these cases presents an unfair and unrealistic burden on survivors given that trauma can severely impair memory. Further, many formerly incarcerated survivors report a lack of access to clocks and calendars and retaliation for keeping notes about their abuse.

A8635B/S9848 equalizes the specificity pleading requirements for public and private entities and would apply to all pending CVA and ASA cases in the Court of Claims, potentially saving many of the cases currently in jeopardy. It also removes the requirement for all new cases filed in the Court of Claims effective the day the bill is enacted. This fix ensures these survivors in New York are able to access the justice they deserve. The Legislature has already passed similar legislation last session for incarcerated survivors of abuse as part of the 2025 prison reform package.

The Senate also passed A9417/S9894 (Steck/Krueger), which replicates New York's Rape Shield Law protections in civil proceedings. This change protects survivors from attacks such as questions related to what they were wearing and past sexual encounters, as they seek justice. It ensures survivors are treated fairly in both criminal and civil proceedings and are not discouraged from filing civil cases due to gaps in protections.

"I was abused by a Correctional Sergeant at Albion Correctional Facility and suffered a miscarriage. As a result of that abuse, I cannot have children. The Adult Survivors Act has given me, and so many other women, the ability to seek justice for what was done to us. The idea that our cases could be dismissed based on an inability to accurately recall some small detail about the abuse we suffered, means that we will be denied the justice we were promised. On behalf of all survivors, I am thankful to the state senators who passed this bill, and I hope it becomes law," said Nikiea Hawkins.

"Because of the Child Victims Act and Adult Survivors Act, thousands of survivors have come forward and filed cases against their abusers, an opportunity they otherwise would not have had. However, the intent of these laws are undermined when we dismiss cases simply because the victim did not write down the exact time of the day they were abused, which can often be decades ago. By passing S.9848, we are removing unnecessary red tape that is preventing New Yorkers from seeking the justice they deserve." said prime bill sponsor State Senator Julia Salazar.

"The Adult Survivors Act and the Child Victims Act promised countless survivors of horrific sexual abuse an opportunity to seek justice, and that is why I was so proud to be the sponsor of these measures," said Assemblymember Linda B. Rosenthal (D/WF - Manhattan). "Rigid pleading requirements for those suing state agencies or municipalities in the Court of Claims have set an impossibly high bar for these survivors, demanding details many survivors spend years trying to forget. If we don't act now to pass legislation allowing these cases to move forward, the courthouse doors could be shut once again on more than 1,800 survivors. With today's passage in the Senate, I will be working hard to bring this bill to the Assembly floor before the end of session."

"The Senate did the right thing in advancing these bills today. No survivor should be denied justice because of unfair legal standards that ignore the realities of trauma, especially for those abused as children or while incarcerated, and no survivor should have to face reputational attacks that redirect blame onto them when seeking justice. The Senate did its job, and now the Assembly must act. Survivors can't wait," said Emily Miles, Executive Director of the NYC Alliance Against Sexual Assault.

"We know that trauma impacts memory, and survivors should not lose their opportunity for justice because they cannot recall an exact date, time, or detail from one of the worst experiences of their lives. The Child Victims Act and Adult Survivors Act were created to give survivors a path to justice, and that promise should not be weakened by procedural barriers that fail to reflect the realities of abuse and trauma. I applaud the Senate for passing these important bills and recognizing the need for a more fair and compassionate approach for survivors. I urge the Assembly to do the same and ensure that survivors continue to have meaningful access to justice," said Theresa Roth, Executive Director, New York State Children's Alliance, Inc.