Rep. Carolyn Maloney, Maya Wiley, Zephyr Teachout, Alvin Bragg + Survivors Rally for Adult Survivors Act

NEW YORK, NY (05/26/2021) (readMedia)-- On Wednesday, U.S. Rep. Carolyn Maloney, Mayoral candidate Maya Wiley, Zephyr Teachout, and Manhattan DA candidate Alvin Bragg joined survivors, including Marissa Hoechstetter, to rally for the passage of the Adult Survivors Act. The legislative session ends on June 10th.

WATCH HERE.

In front of Columbia University, the group urged legislators to open the lookback window for adult survivors to sue their abusers -- or the institutions that may have protected them, such as the case for the 200+ women who were abused by Columbia University and New York-Presbyterian Hospital OBGYN Dr. Robert Hadden. Yesterday over 86 women abused by Hadden sent a letter to Speaker Carl Heastie and Majority Leader Andrea Stewart-Cousins urging the Legislature to pass the bill.

Earlier this month, the Senate Judiciary Committee passed the bill. The pressure is now on both houses to move the ASA forward and help create paths to justice for all survivors.

"In order to stop serial sexual abuse, there must be a public reckoning for institutions that fraudulently conceal the abuse of sexual predators," said Marissa Hoechstetter, a survivor and advocate. "Robert Hadden was able to assault me and at least 200 other people over more than two decades because his employer was actively covering it up. Had Columbia University acted in accordance with that law, most of us would never have even seen him as our doctor. It takes years to realize the full reach of someone's crimes; women continue to report to Hadden to law enforcement to this day. By passing the Adult Survivors Act this session, New York has the opportunity to unequivocally say that no matter their age, each victim's voice deserves to be heard."

"I am a Survivor of sexual assault, urging the passing of the Adult Survivors Act. When I first shared my secret about being assaulted by Dr. Hadden in 2020, I never imagined that he would be revealed as one of the most prolific sexual predators in the history of New York. He sexually assaulted me when I was pregnant with my first child. I didn't really know what to expect at these prenatal visits. He preyed on that vulnerability to abuse me. MY GUESS IS ALL OF THE OTHER WOMEN HE ABUSED THOUGHT THEY WERE ALONE TOO. And therefore too embarrassed or ashamed to say anything. THIS is exactly what happens when your abuser is a master predator- someone of authority. Someone who you trusted. It's incredibly hard to make sense of, and incredibly hard to report. What we acknowledged when we passed the child Victims act is that the most vulnerable survivors need more time to come forward with their abuse. You don't have to be a CHILD to fit that category. When these survivors come forward we CANNOT turn them away. We can't say sorry, but you're too late. This is trauma upon trauma. More blame on the victim. I stand today with fellow survivors in support of this legislation because I believe that ALL survivors deserve a path to justice. All survivors deserve a chance to be heard - to just have their case acknowledged. Including the patients abused by this monster of a doctor 10 years ago, 15 years ago. We did not have a choice in getting assaulted. But we should have the choice to try and hold our abusers accountable. We like to say, 'It's never too late to speak up.' Now let's make that true with the Adult Survivors Act," said Evelyn Yang.

"The women of New York City deserve to be protected, supported and empowered under the law. The Adult Survivors Act is an essential step to ensuring justice and protection for all women and all survivors of sexual violence," said civil rights advocate and NYC mayoral candidate Maya Wiley. "The bravery shown by the women who have shared their stories in support of social change is nothing short of awe-inspiring. This is a profound and solemn signal that women will be heard, we will achieve justice, and we will lead. The State Legislature must pass this bill immediately. This new era in the fight for justice begins right now."

"The New York State legislature must pass Senator Hoylman and Assembly Member Rosenthal's Adult Survivors Act," said Congresswoman Carolyn B. Maloney (NY-12). "In our society, there is fear that people won't believe you, of retribution, that you will be blamed for your own assault, that the person you are accusing is too powerful to suffer any consequences. In addition to those very real barriers, time itself can be on the side of the perpetrator. I am here today to say loud and clear: This is unfair plain and simple. Survivors cannot wait. We will not wait."

"There is a significant gap in the law where the statute of limitations does not reflect the lived reality of sexual violence, leaving many survivors without access to legal recourse. The Adult Survivors Act would right this wrong-headed and arbitrary deadline that has served to protect and enable abusers rather than victims. It's up to the courts to determine whether a case can proceed, but the state should not stand in the way of due process," said Zephyr Teachout.

"Our legal system has failed the survivors of sexual assault for too long - they demand, and deserve justice. We can do more for those denied justice, and that means passing the Adult Survivors Act and ensuring that survivors have the tools they need to hold their abusers accountable and finally gain closure. I am proud to once again fight alongside a survivor-led coalition and my colleague Assembly Member Linda Rosenthal, and with justice on our side I know that we can succeed," said Senator Brad Hoylman.

"The multiple systemic failures that enabled Hadden to sexually assault hundreds of patients over the course of his career are a prime reason to pass the Adult Survivors Act," said Assemblymember Linda B. Rosenthal (D/WF-Manhattan), prime sponsor of the Adult Survivors Act. "Though it is difficult for many survivors to come forward within the time allowed by New York's statute of limitations, in the case of Hadden's serial abuse, many survivors did in fact come forward over the years, yet nothing was done to stop him or to protect the scores of patients he went on to abuse. The ASA will provide these brave survivors with the justice that has been denied to them for far too long. Along with my partner in the State Senate Brad Hoylman, I am committed to standing alongside survivors and advocates and fighting to see the ASA become law."

"For far too long, sexual assault survivors have been denied justice and accountability by an unfair, too short statute of limitations. Our criminal justice system has failed the survivors of former OB/GYN Robert Hadden's assault, and so many others. We can't have one system for the wealthy and well connected, and another for everyone else. Survivors deserve a fair process, free of privileged access, and a much needed chance to hold their abusers accountable. I urge passage of the Adult Survivor Act to deliver justice for all," said Alvin Bragg, candidate for Manhattan DA.

"Sexual harassment and assault are pervasive problems in New York's modeling industry," said Sara Ziff, the founder and executive director of the Model Alliance. "Many survivors are time-barred from seeking justice and, in some cases, their abusers have yet to face consequences for their actions. No matter how long ago the abuse happened, all survivors deserve a chance at justice. That's why we support the Adult Survivors Act."

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.