Senate Judiciary Committee Passes Fix to CVA, ASA Ensuring Survivors in NY Can Access the Justice They Deserve

ALBANY, NY (05/05/2026) (readMedia)-- Today, the New York State Senate Judiciary Committee passed a critical bill, A8635/S8320 (Rosenthal/Slazar), 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 were upheld in a March 2025 Court of Appeals ruling, 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.

A8635/S8320 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 already passed similar legislation last session for incarcerated survivors of abuse as part of the 2025 prison reform package.

The Judiciary Committee 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.

"The Senate Judiciary Committee 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. Now the full Senate must pass these bills, and the Assembly must act. Survivors can't wait," said Emily Miles, Executive Director of the NYC Alliance Against Sexual Assault.