Safe Horizon + Survivors Push Assembly to Pass Adult Survivors Act Before Session Ends Thursday

ALBANY, NY (06/09/2021) (readMedia)-- On Wednesday, Safe Horizon and survivors, including Marissa Hoechstetter, held a press conference to push the Assembly to pass the Adult Survivors Act before the session ends on Thursday. The bill -- which would open a civil lookback window to time-barred survivors who were over the age of 18 at the time of their abuse -- passed the Senate unanimously last week.

The Adult Survivors Act is based on the Child Victims Act lookback window which the Assembly passed in 2019 by 135-9.

Safe Horizon launched a PSA in support of the Adult Survivors Act last month, available to watch here.

"We work with survivors of sexual assault every single day and know first-hand that it is only very recently that our laws have begun to catch up with the realities of trauma. Because of that, too many survivors were denied the chance to seek justice in the courts. Passage of the Adult Survivors Act will finally give these survivors an important path to justice and healing," said Liz Roberts, CEO, Safe Horizon.

"If they fail to pass the Adult Survivors Act the Assembly is telling survivors that we do not matter. Their inaction negates their previous good work to extend statutes and take other protective measures. As one of more than 200 women seeking justice in a case against a former Columbia University OB/GYN, I experienced systemic failures to protect women, girls, and pregnant patients during some of the most intimate and vulnerable periods of our lives. In order to stop serial sexual abuse, we need a public reckoning for those institutions that fraudulently conceal such violence. No matter their age, each victim deserves to be heard. The Assembly must pass the Adult Survivors Act and show survivors that they matter, that we all matter," said Marissa Hoechstetter.

"The Adult Survivors Act is not a radical new idea that the legislature must consider. It directly follows the Child Victims Act, and the extensions of the statutes of limitations for rape in the second and third degrees. In passing those bills the Assembly acknowledged - with the impassioned shared experiences of four of its members - the realities of why survivors require more time to seek justice. Nothing changed since then. The realities are still the same, and adult survivors deserve to have their chance to seek justice in court," said Asher Lovy, survivor, director of ZA'AKAH.

"Opposition to this bill is related to the fact that we have not done enough for survivors of sexual assault, and they have a point. However, doing nothing until we can do everything is unconscionable. We can help thousands of survivors who have been denied justice for so long, and there's no good reason we should make them wait any longer," said Tom Andriola, survivor.

"I'm grateful to New York's legislature for giving me the opportunity to file my case under the Child Victims Act. Thank you for restoring my agency after feeling powerless for so long. I am hopeful we can empower our adult survivors now by passing the Adult Survivors Act," said Amelia Tramontano, survivor, and Project Director at America Loves Kids

"The survivors the Junior Leagues work with need pathways to justice and we need a mechanism to hold accountable negligent institutions who cover up abuse committed by people under their purview. It is unacceptable for organizations in our communities to continue to allow their employees and members to commit sexual assaults. We thank the Senate Majority, Senate sponsor Brad Hoylman and Leader Stewart-Cousins for passing the Adult Survivors Act last week, but we're here today to urge the Assembly to pass the ASA before session ends for the health and well-being of survivors and the safety and security of our communities," said Katelyn Galbraith, Chair, New York State Public Affairs Committee of the Junior Leagues.

In 2019, when the Legislature passed the Child Victims Act and extended the statute of limitations prospectively for the same Article 130 crimes that the Adult Survivors Act covers. Lawmakers admitted that historically, the statute of limitations has been artificially low and not in line with what we now understand about the science of trauma and the calculus for victims in deciding to come forward.

The next step in correcting that history is to let time-barred adult survivors have the opportunity to come forward and pursue the justice and closure they deserve.

The broad coalition led by Safe Horizon fighting for justice for adult survivors is made up of service providers, victims' advocates and hundreds of adult and child sexual abuse survivors. It includes the Joyful Heart Foundation, Center For Independence of the Disabled, New York, New York City Alliance Against Sexual Assault, America Loves Kids, the Model Alliance, the SNAP network and others.

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.