Senate Passes Urgent Legislative Tweak to Give CVA and ASA Survivors Equal Access to Justice

ALBANY, NY (06/10/2025) (readMedia)-- Last night, the New York State Senate passed a critical bill, A8635/S8320 (Rosenthal/Hoylman-Sigal), that will allow survivors who sought justice under the Adult Survivors Act (ASA) and Child Victims Act (CVA) to have their day in court. Survivors who were abused in state custody or on state property are subject to the Court of Claims Act, which requires them to report the exact time and date of their abuse. The same standard does not exist for survivors abused outside of state property. Due to this loophole in the law, the Court of Claims has dismissed some of the 1,553 cases filed under the ASA and some of the close to 300 cases filed under the CVA. In March, the Court of Appeals, New York's highest court, upheld this time and place standard, jeopardizing the CVA and ASA cases still pending. Requiring the exact time and date of abuse places an unfair and unrealistic burden on survivors given that trauma can severely impair memory.

A8635/S8320, now passed by the Senate, removes this requirement for all pending CVA and ASA cases in the Court of Claims, as well as for dismissed cases that are still eligible for appeal. It also removes the requirement for all new cases filed in the Court of Claims effective the day the bill is enacted. The Assembly has until Tuesday to pass the bill this session.

"The Child Victims Act gave survivors like me hope for justice and healing. But because I was abused in state custody, I faced a cruel, unnecessary legal barrier. The Court of Claims denied my case because I was unable to specify the exact date, time, and location of my abuse. I was able to refile my case but now face dismissal again because of this requirement. I was 10 years old when older boys at the Sagamore Children's Psychiatric Center raped and abused me repeatedly. Do you think I was writing down every detail of each incident? Decades later, do you think I could recall every detail of each of these horrifically traumatic events? This unnecessary legal requirement is unjust and out of touch. Now that the state's highest court has upheld it, more and more cases like mine are at risk. I'm glad the Senate passed the bill last night, but now the Assembly must follow suit. All of us whose cases are currently in jeopardy or were already dismissed deserve the chance to get justice. Without action, our elected officials will send a message that our voices don't matter. It's time lawmakers fulfill the promises of the CVA and ASA by passing this urgent bill before it's too late," said Bernard Musumeci.

"Too often, survivors of sexual abuse are made to feel powerless and ashamed. However, the passage of my laws, the Child Victims Act and Adult Survivors Act, opened the doors of justice for thousands of survivors in New York," said Assemblymember Linda B. Rosenthal (D/WF - Manhattan), sponsor of A8635, the Child Victims Act, and the Adult Survivors Act. "When we passed these transformative laws, we never intended for survivors' cases to be dismissed due to outdated and burdensome requirements in the Court of Claims Act. In light of the recent Court of Appeals ruling, it is critical that we close this unfair legal loophole that is putting so many cases at risk. With the Senate's passage of our bill, I will do everything within my power to carry this critical legislation over the finish line in the Assembly."

Senator Brad Hoylman-Sigal, sponsor of S8320, the Child Victims Act, and the Adult Survivors Act, said: "I'm elated that the Senate has passed legislation (S.8320) to ensure that cases filed under the Child Victims Act and Adult Survivors Act against the state aren't thrown out due to a technicality. The goal of the CVA and ASA was always to allow survivors to have their day in court and our legislation will help make that happen for so many New Yorkers."