STATEMENT FROM EVELYN YANG AND DREW DIXON TO SPEAKER HEASTIE: PASS THE ASA NOW!

ALBANY, NY (05/06/2022) (readMedia)-- Currently, a majority of Assembly Members in the Judiciary Committee support the Adult Survivors Act (ASA), legislation that would provide a one year look back window for any survivor who was sexually abused as an adult (18+) to sue their abuser or negligent institution in civil court, even if the statute of limitations has expired. The Senate passed the bill last week for the second year in a row. In response, survivors Evelyn Yang and Drew Dixon released the following statement:

"Victims of sexual assault are done waiting. We have been brave and fearless, Speaker Heastie. Now, it's your turn. Even as we healed from our profound pain as survivors, we advocated for this important legislation as citizens. We found the will to carry on for years without justice, and we expect you to find the will to carry this bill across the finish line. The eyes of thousands of survivors in New York State are on you and the New York Assembly in this moment. We are watching and waiting, and we unequivocally insist: Pass the Adult Survivors Act now!"

The ASA is based on the Child Victims Act (CVA,) which both extended the criminal & civil statutes of limitations forward and created a one-year lookback window (later extended due to COVID's impact on the courts) to allow time-barred survivors of childhood sexual abuse to sue their abusers & negligent institutions in civil court. Over 10,000 survivors filed civil lawsuits in New York during the two years that the lookback window was open.

In 2019, along with the CVA, the Legislature additionally passed legislation that prospectively extended the civil and criminal statute 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-A L. Rosenthal/S.66-A Hoylman) - is the next important step that the New York State legislature must take to reform the State's long-outdated statute of limitations for survivors of sexual violence.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.