Senate Passes Adult Survivors Act, Safe Horizon, Survivors, Advocates Push Assembly to Act

NEW YORK, NY (04/26/2022) (readMedia)-- Today, the NYS Senate passed 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 ASA would be the next component of the Legislature's historic statute of limitation reform for survivors of sexual violence.

The bill now awaits action in the Assembly, where Assembly Member Linda B. Rosenthal carries the bill. Over 67 Assembly Members co-sponsor the ASA now, including key members of the Judiciary committee. The bill also enjoys the strong support of over 100 survivors, victim service providers and advocates from across New York State.

Earlier in the day, the victim assistance organization Safe Horizon joined lawmakers, survivors and advocates to urge the Assembly to follow the Senate's lead and pass the ASA as soon as possible. Standing with Safe Horizon were the bill's sponsors - Senator Brad Hoylman and Assembly Member Linda B. Rosenthal - as well as Senate Majority Leader Andrea Stewart-Cousins and lawmakers from both chambers. Safe Horizon was also joined by advocates and survivors from across the state, including E. Jean Carroll, Donna Hylton, Marissa Hoechstetter, Tom Andriola. Watch the presser here.

"To put it simply: Countless survivors have been denied the chance to seek justice in the courts. Survivors need time to overcome shame and self-doubt or simply to even be able to recognize or name that they were abused," said Safe Horizon CEO Liz Roberts. "The Adult Survivor's Act will give many survivors that time back. Every survivor deserves the right to seek justice in the way that feels right to them. I urge the Assembly to stand with survivors and pass the Adult Survivor's Act immediately."

There are so many reasons why so many women, like me, stayed silent for so long. We didn't think anyone would believe us. We were scared. We were ashamed. We were taught not to speak up. We believed it was our fault. We didn't have the resources to fight back. By staying silent, I lost my chance to hold Donald Trump directly accountable for what he did to me. The Adult Survivors Act would give not only me, but many others, the chance to finally hold their rapists accountable," said, E. Jean Carroll, a veteran columnist who is currently in a defamation case against former President Trump.

"On behalf of A Little Piece of Light, we applaud the members of the New York State Legislature for voting to pass the Adult Survivors Act (ASA) and encourage its immediate signing by Governor Kathy Hochul without amendment or further delay. New York's cruel policies and practices frequently routes survivors of sexual violence into the criminal legal system, providing inadequate treatment if any, revictimizing them and providing little to no legal recourse for the harm inflicted upon them upon release. In fact, one of the primary predictors of entry into the juvenile justice system is sexual abuse. The ASA creates a one year look back period for anyone who was 18 or older at the time of their sexual assault to file a civil suit against the individual and/or institution that caused the harm. Passage of the ASA is critically important legislation that addresses the complexities around sexual violence and the legal system and acknowledges the urgent need to implement fair laws that allow adult victims of sexual assault to pursue real justice and end the sexual assault survivor to prison pipeline," said Donna Hlyton, surviovr.

"When we passed the Child Victims Act in 2019, we righted a historical wrong by empowering survivors of childhood sexual abuse to hold their abusers and institutions that may have looked the other way accountable." Senate Majority Leader Andrea Stewart-Cousins said. "Last year, we passed the Adult Survivors Act (ASA) unanimously, because we understand that we cannot leave any survivor of sexual abuse behind. Adult survivors of sexual abuse deserve the chance to seek justice so they can start their journey towards healing. In addition to the Adult Survivors Act, we are advancing a legislation package to strengthen protections for survivors of sexual abuse and domestic violence and remove the obstacles in their way to seek justice and safety. I thank the survivors and advocates for their courage and persistence in their pursuit of justice. I am also grateful to Sen. Brad Hoylman for his unwavering commitment and leadership to pass the Adult Survivors Act and my colleagues in the Senate Majority for their efforts in passing these important protections."

"We've expanded the civil window for young survivors of sexual violence with the successful Child Victims Act - and now the Senate has done the same for adult survivors. Legislation to protect survivors must support how survivors process trauma. Until 2019, New York's statute of limitations were prohibitively short of adult survivors. It's a matter of restorative justice to give survivors whose abuse occurred before we changed the law their day in court. I am proud to stand with Safe Horizon, Assembly Member Rosenthal, and the many survivor-advocates who have worked so tirelessly to pass this bill. I thank Senate Majority Leader Cousins for making this critical passage possible." said Senator Brad Hoylman.

NY State Senator John C. Liu said, "Just as the Child Victims Act provided a critical window for those who were under 18 years old at the time of their sexual abuse, the Adult Survivors Act also looks to address inadequate statutes of limitations that prevented survivors from healing and moving past their trauma. Survivors of all ages deserve justice regardless of how old they were when they were abused, and I thank Senator Brad Holyman, Majority Leader Andrea Stewart-Cousins, and all the bill's co-sponsors for working to make sure victims can hold their predators accountable in court."

Senator Anna M. Kaplan said "for too long, New York's outdated laws made it difficult for survivors of abuse to seek justice, causing too many to suffer in silence to avoid being re-victimized by an unforgiving legal process. The Adult Survivors Act recognizes that we have failed too many survivors, and finally gives them an opportunity to speak out, have their day in court, and hopefully find an opportunity for healing. I'm extremely proud to co-sponsor the Adult Survivors Act, and I'm grateful for the leadership of Senator Hoylman for introducing it. Now, it's time to get it over the finish line and pass it without delay!"

"When New York State opened the CVA lookback window, the sky didn't fall as some predicted it would. Instead, New York was made safer as predators were revealed and thousands of survivors finally got the opportunity to pursue justice," said Assemblymember Linda B. Rosenthal (D/WF-Manhattan). "The ASA acknowledges the deep trauma sexual assault causes survivors of any age. With nearly 70 cosponsors in the Assembly and bipartisan support, there is no excuse left not to pass the ASA. The New York State Assembly is The People's House, and the people demand that we pass the ASA this session."

"Passing the Adult Survivors Act into law means offer the all too many New Yorkers who have affected by abuse are given a second chance to seek justice," said Senator Andrew Gounardes. "It would transform countless lives, and help many heal from the experiences they endured. It is crucial we give these survivors a full chance to tell their story and receive the justice they were denied - it is crucial we pass the ASA into law now," said Assemblymember Judy Griffin.

"Providing a one-year lookback window to survivors of sexual assault who were abused when they were 18 or older will help these victims seek justice," said Assemblywoman Amy Paulin. "This opportunity is especially important in the case of rape and sexual assault because it can take victims significantly more time to report sexual abuse, compared to victims of other crimes. This bill gives sexual assault victims the chance to be heard, and start to heal."

"I support the Adult Survivors Act and most importantly, the New Yorkers it will help to find justice on their path to healing. I was a proud cosponsor of the Child Victims Act and this bill is another chapter in the reforms our State must make to support the victims of crime - empowering those who have been harmed by others, no matter their age, so they may hold their perpetrators accountable. This bill is focused on those survivors who have yet to be heard: they deserve justice and to be supported by the State of New York," said Asssemblymember Judy Griffin.

"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."

"International human rights law recognizes rape as a human rights violation and a manifestation of gender-based violence against women and girls. At Equality Now, we see how sexual violence laws around the world can contribute to and exacerbate dangerous stereotypes about victims rather than create a pathway to justice and healing. Statutes of limitations are an excellent example of this," said Jorie Dugan, Legal Advisor at Equality 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.