Sexual Assault Survivors, Safe Horizon, Advocates and Lawmakers on the Anniversary of the CVA: "Pass the ASA"

ALBANY, NY (02/15/2022) (readMedia)-- Three years and one day after the Child Victims Act (CVA) became law, Safe Horizon, joined with advocates, survivors of sexual abuse including Marissa Hoechsetter, Donna Hylton, and Asher Lovyand state lawmakers to push for the Adult Survivors Act (ASA). The ASA, which is sponsored by Senator Brad Hoylman and Assemblymember Linda Rosenthal, is based on the CVA, and 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 New York State Legislature's historic statute of limitation reform for survivors of sexual violence.

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The CVA, which provided a one year lookback window that was later extended by another year due to the impact of COVID on the courts, created a path to justice for thousands of survivors of child sexual abuse across the state. During those two years, over 10,000 survivors filed cases in New York against their abusers or the institutions that covered up their abuse.

"Every survivor deserves the chance to seek justice, in the way that feels right to them. Too many survivors were denied that chance because of outdated statutes of limitations reform. The Child Victims Act has given many survivors that chance. Now, it's time to give survivors who were harmed as adults the same opportunity," said Liz Roberts, CEO, Safe Horizon.

In 2019, the Legislature additionally passed legislation that prospectively extended the civil and criminal staute 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.

The NYS Senate passed the ASA unanimously last year but the Assembly failed to move it forward. In January, the NYS Senate Judiciary Committee again passed the ASA, sending it to the Finance Committee. Over 60 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.

Asher Lovy is a child sex abuse survivor and fought for the passage of the CVA for many years.

"While the prospective reforms to the statute of limitations for adult sexual violence in 2019 was a significant step forward, prospective measures don't right the historical wrongs done to survivors who have already been denied justice. Like with the Child Victims Act window and its subsequent extension we must open a retroactive window to allow adult survivors of sexual violence to seek justice that was previously denied them. Adult survivors of sexual violence often don't report or disclose for decades, similar to child victims, and often for the same reasons; intimidation, threats, shame, coercion, and public pressure. We need to acknowledge the realities of their experiences and give them a chance to seek justice against their abusers and those who enabled them," said Asher Lovy.

Donna Hylton is both a survivor of child and adult sexual abuse. She was formerly incarcerated and is now an advocate for the rights and well-being of women and girls who have been impacted by intersectional trauma such as violent and sexual abuse and assault.

"The time is now for both houses to get on deck and pass the Adult Survivors Act. We cannot continue to have no recourse for those who have been harmed. We need to get to a place of healing. A place of justice. There is no time-limit on the suffering survivors have endured, and the ASA will open a door that has been closed for far too long. Help restore dignity to those too ashamed or too scared to speak the truth about their abusers, and pass the ASA now." Donna Hylton, Founder of A Little Piece of Light and author of a memoir of hope, prison, and a life unbound.

Marissa Hoechstetter was abused by her OBGYN while pregnant. Marissa disclosed her abuse years later, even working with the Manhattan District Attorney's office only for her abuser to get a slap on the wrist. The United States Attorney for the Southern District and the Manhattan District Attorney's Office are now pursuing this case in response to the activism by Marissa and other victims of this obstetrician.

"With the Child Victims Act, the legislature acknowledged that traumatized survivors need time to come forward, that patterns of abuse can take decades to uncover, and that we're not yet done with a reckoning for sexual violence in our communities. The Governor and the legislature must apply this same logic to those abused over the age of 18. It is time to unequivocally tell survivors that we matter, that the abuse and harassment we experienced was wrong, and that we deserve the opportunity to seek justice for ourselves. Pass the Adult Survivors Act this session and help reset the power imbalance in New York by prioritizing survivors' trauma and healing over the silence where sexual and gender based violence fester," said Marissa Hoechstetter.

Senator Brad Hoylman and Assemblywoman Linda Rosenthal were both sponsors of the CVA, and now sponsor the ASA. Assemblywoman Walker is a sponsor.

"Three years ago yesterday the Child Victims Act (CVA) was signed into law. Seeing this bill I sponsored with Assembly Member Linda Rosenthal become law was one of my proudest moments in Albany. Since we passed the CVA almost 11,000 New Yorkers have used it to seek justice against their abusers and the institutions who covered up their assaults. Now, we must give those assaulted as adults the same opportunity by passing the Adult Survivors Act. Just last month we got that bill passed through the Senate Judiciary Committee, bringing it one step closer to passing the Senate again. Now we must keep this momentum going and carry this legislation through the Assembly and to the Governor's desk," said State Senator Brad Hoylman.

"Thousands of survivors of child sex abuse were given a path to justice under the Child Victims Act, which became law three years ago. But we still have a significant step to take. Now it's time for those who survived abuse as adults to also have their day in court. Predators and the organizations that protect them must be held accountable. We must pass the Adult Survivors Act," said Assemblywoman Latrice Walker.

Last month, Safe Horizon and coalition partners launched a social media campaign to educate the public on the science of trauma called #TraumaTakesTime. The campaign explains why a survivor may not report their abuse right away and why survivors need access to civil courts. According to the well established scientific research on 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 link between sexual assault and domestic violence is clear- a majority of women who are physically assaulted by an intimate partner have been sexually assaulted by that same partner. When sexual assault occurs, all survivors deserve the opportunity to seek justice. But for many, by the time they make this pivotal decision in their healing journey, it's too late to seek justice through the courts due to insufficient statutes of limitations. New York State must uphold its commitment to survivors by passing the Adult Survivors Act now," said Brittni Gulotty, Policy Coordinator at New York State Coalition Against Domestic Violence.

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 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.