Safe Horizon Responds to AG James Lawsuit Against Sexual Misconduct in Erie Jails

NEW YORK, NY (03/18/2021) (readMedia)-- In response to news that Attorney General James filed a lawsuit against the Erie County Sheriff for failing to report sexual misconduct between incarcerated individuals and correctional officers, Liz Roberts, CEO of Safe Horizon, put out the following statement:

"Every survivor deserves a pathway to justice, no matter how long ago the abuse took place. Sadly, New York State's outdated statute of limitations prevents many adult survivors of sexual abuse from pursuing that path. Safe Horizon applauds Attorney General James' lawsuit on behalf of people incarcerated by the Erie County Sheriff as a good first step. And it will still leave out many survivors. That's why we need State legislators to pass the Adult Survivors Act, which would provide a greater opportunity for survivors to sue their abusers, and/or the institutions that failed to stop the abuse."

The Adult Survivors Act (ASA) is modeled after the Child Victims Act, which provides child sex abuse survivors one year to sue their abuser in civil court. The ASA would apply to survivors who were abused under Article 130 in the penal code, which includes rape 2 and 3, criminal sex acts, among others, and incest offenses in Section 255. In 2019, Albany lawmakers, recognizing that the statute of limitations were artificially low and not in line with what experts understand about trauma, voted to extend civil statute of limitations for the several felony offenses including rape in the second and third degrees prospectively to 20 years. But many adult sexual assault survivors who were abused prior to 2019, had only between 1-3 years to file a civil lawsuit. The ASA would provide a pathway to justice for time-barred survivors. Similar to the Child Victims Act, the ASA would also waive the 90 day notice of claim requirement to bring a case against a public institution.

New Jersey is the only state that currently recognizes the need for a look back window for adult survivors.