Survivors, Safe Horizon & Advocates Celebrate Expected Passage of Adult Survivors Act with Lawmakers

ALBANY, NY (05/23/2022) (readMedia)-- Today, Safe Horizon, survivors and advocates joined with Assembly Members, including bill sponsor Linda Rosenthal, to celebrate the expected passage of the Adult Survivors Act (ASA). The ASA is 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 in civil court, even if the statutes of limitation has expired. The NYS Senate passed the ASA unanimously in April. The Assembly is expected to pass the bill later today.

WATCH HERE.

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.

"We have marked a major milestone with the Assembly's intent to pass the Adult Survivors Act before session ends this year. Adult survivors of sexual assault have waited too long to receive the justice they deserve. It is their voices, their undying commitment to advocating for all survivors, that led this bill to this point. We are truly grateful that the efforts of survivors – retelling their stories and reliving their trauma endlessly, pleading with legislators to make them a priority, their fearlessness and bravery – as well as bill sponsors, Assemblymember Linda Rosenthal and Senator Brad Hoylman, can finally lead to passage of this monumental legislation," said Liz Roberts, Safe Horizon CEO.

"I'm pleased to see that the work the legislature started in passing the Child Victims Act and extending the statute of limitations for rape in the second and third degree is continuing today with the passage of the Adult Survivors Act. Just among survivors we've spoken to at ZA'AKAH over the last few years we'll be able to help expose a number of abusers who have abused numerous women over the past three decades. If the number of cases filed under the Child Victims Act are any indication, the Adult Survivors Act will undoubtedly lead to the exposure of hundreds if not thousands of abusers across the state. I'm grateful to the bill's sponsors, Brad Hoylman and Linda Rosenthal, for fighting as always for survivors, to speaker Heastie and Judiciary chair Lavine for moving the bill to the floor, and to the many survivors and advocates who shared their stories and worked tirelessly over the last 2 years to make this bill a reality," said survivor and advocate, Asher Lovy.

"I am grateful to see the passage of this bill after the exhaustive work of survivors. We saw a gap in access to healing and justice, we worked with champions in the Assembly and the Senate, we poured ourselves into this bill, and because of our collective power survivors now have access to the courts, and accountability, in a way they never have. This is historic. I look forward to supporting survivors in other states to accomplish this same thing because survivors deserve everything," said Alison Turkos, survivor and advocate.

"The Adult Survivors Act will allow thousands of NY'ers access to the justice system to hold their assailant and any institution that facilitated that abuse accountable. I know first hand how intimidating and overwhelming it may seem to come forward. I'm here to help any survivor navigate this process. Thank you to our state legislature and Governor Hochul," said Bridie Farrell, survivor and advocate.

"After years of hard work, I am so happy to know that the ASA will finally pass in New York, creating an opportunity for countless survivors to pursue a form of justice that has long been out of reach. But the fight for survivors does not end here. We must continue to link arms to create a safer, more just, more equitable society for all, passing legislation like the ASA all around the world," said Sarah Ann Masse, Actor, Writer, Filmmaker, Silence Breaker, Founder - Hire Survivors Hollywood.

"The Adult Survivors Act means so much to me as a Weinstein survivor. Change making laws like this make coming forward worth all it takes to endure by going public," said victim-survivor, Dominique Huett.

"The Adult Survivors Act is a critical step towards achieving equity under the law for all survivors of sexual violence, opening previously inaccessible avenues to pursue justice. We know that many survivors cannot process their experience for years because our brains fragment and repress traumatic memories-automatically and unconsciously-to protect us. Once an experience is processed, each survivor must decide for themselves whether to disclose, to whom, and if they have the support and resources necessary to do so. All of this takes time. Our statutes of limitations do not account for these realities, and generations of survivors have been denied recourse through the courts. That is about to change. We thank the sponsors, co-sponsors, survivors, and advocates who worked tirelessly for over two years to push the ASA over the finish line," said Aly Marino, survivor.

"I am so thankful that The Adult Survivors Act is finally moving forward. I'm a survivor. I had no idea of the extent of the sexual abuse occurring for over a decade by my former Gynocologist - until other patients' stories started to come out. And I thought "oh, so that wasn't part of a normal exam," said Danya Solomon, survivor and advocate. "I knew things weren't right.. but I didn't see all of it, said survivor Danya Solomon. "It's too late for me...because it's been years...but not for someone else who might be in this position. As we know some people take longer to process abuse than others. Also, some don't even know they were abused. But when you find out, you still live with the trauma of feeling violated. And everyone deserves a path to justice."

"When the Adult Survivors Act (ASA) finally becomes law, survivors who have long been silenced by New York's short statute of limitations will finally have an opportunity to pursue justice in the courts. The ASA also will ensure that predators hidden in our midst are revealed and brought to justice.This vital law represents a long overdue shift in our legal system, which for far too long has protected predators to the detriment of survivors. This victory is a testament to the fearlessness of our survivor-led coalition, who bared their pain and trauma to educate others about the impacts that sexual assault has on a survivor. The survivors and advocates were passionate and relentless, and I am honored to have had the opportunity to work alongside them. I am also incredibly grateful to my colleagues in the Assembly, both Democrats and Republicans, for standing with survivors, and to Speaker Carl Heastie for his leadership on this and many other issues," said Assemblymember Linda B. Rosenthal (D/WF-Manhattan), Chair of the Social Services Committee, the bill's sponsor in the New York State Assembly.

State Senator Brad Hoylman said, "This is one of the proudest moments of my career. New Yorkers owe a tremendous debt of gratitude to the survivors of sexual abuse who've spent years sharing their stories, again and again, in order to support other survivors and seek justice against their abusers. The long road to the passage of the Adult Survivors Act is one of perseverance and justice. This is advocacy at its best. I could not be more grateful for the efforts of the survivor-advocates, Safe Horizon, Assemblymember Rosenthal, Senate Majority Leader Stewart Cousins, Governor Hochul, and Assembly Speaker Heastie."

"It is an honor to stand with my fellow survivors today as we rebalance the scales of justice. For too long our system favored those with power and privilege. Thank you to Assembly Member Linda Rosenthal for not giving up on this bill and thank you to Speaker Heastie for bringing it to the floor for a much-deserved vote. The Adult Survivors Act is an historic piece of legislation and I will be proud to vote yes," said Assembly Member Catalina Cruz.

"Survivors of sexual violence face so many barriers to reporting and seeking justice for the harm they've faced. These barriers are compounded by survivors' intersecting identities and perpetuated by the criminal legal system. Having a statute of limitations on harm that leaves long-lasting damage is wrong and unjust," Assemblymember González-Rojas said. "People who are survivors need support from the court system, not more punishment and neglect. Today, New York State legislators are showing leadership by passing the Adult Survivors Act, and I urge the Governor to sign it into law before session ends."

"It is time to pass the Adult Survivors Act," said Assemblymember Anna Kelles. "Survivors deserve the opportunity to seek justice and to heal. I applaud the bill's sponsors, the advocates, and above all the survivors for fighting for so long to get this bill over the finish line."

Assemblyman Jeffrey Dinowitz said: "New York must be a place where every person can seek and receive justice. I am proud to co-sponsor the Adult Survivor's Act, and I am proud that working together with the bill sponsors, Assemblywoman Rosenthal and State Senator Hoylman, Speaker Heastie, and all of the advocates, that we could get this done. Justice delayed, is justice denied, and survivors have been denied justice for far too long. I look forward to voting yes on the floor."

"It is high time that the Adult Survivors Act become the law of the land in New York State. In New York, we believe survivors and we understand that it can take years before they can speak of the traumas they have endured. Our laws must reflect that reality. While we cannot undo past traumas, we can ensure that all survivors have a pathway to seek justice," said Assembly Member Heavisi.

"I am a proud supporter and cosponsor of the Adult Survivors Act and most importantly, the New Yorkers it will help to find justice on their path to healing. I want to thank Assemblymember Linda Rosenthal and Senator Brad Hoylman for their dedication as sponsors of this bill, and Assembly Speaker Heastie and Senate Majority Leader Stewart-Cousins for their leadership in seeing this bill through to passage. 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 and abuse. We must do all we can to empower 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 have always deserved their day in court and to be supported by the State of New York. Now that day has come," said Assemblywoman Judy Griffin.

"When we talk about building a more just New York, that includes passing the Adult Survivors Act. For us to deny survivors justice because of unfair statutes of limitations is simply not right. As a proud co-sponsor of this bill, I know that its passage would be a major step toward allowing survivors to receive justice in our state," said Assembly Member Eddie Gibbs.

"For decades, sexual assault victims have relived trauma and experienced fear of retaliation. The Adult Survivors Act would finally lift the statute of limitations and allow the victims to finally seek the justice they deserve and hold their abusers accountable. I am proud to be a cosponsor of this bill and look forward to passing it before the end of session," said Assembly Member Kevin Burgos.

"Providing a one-year lookback window to survivors of sexual assault who were abused when they were 18 or older is essential to help these victims seek justice," said Assemblywoman 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. I commend Assemblymember Rosenthal and Senator Hoylman for introducing and moving this bill forward, which gives sexual assault victims the chance to be heard, and start to heal," said Assembly member Amy Paulin.

"The Adult Survivors Act is not just a piece of legislation, but a shift in our values at its very core where we will begin to root ourselves in the fundamental tenets of human rights," said Assembly Member Fernandez. "We need to move forward in a direction that empowers survivors, instills equity in our justice system, and emphasizes the truth in every story. This is why I am proud to advocate and cosponsor the Adult Survivors Act. And we will champion this change, together."

"Survivors of sexual assault have spent the last few years bravely telling their painful stories over and over again in the hope that they could make the world a better for all of us. And they have. This victory belongs to them. The ASA can provide some justice and fairness for sexual assault victims, and empower them to move forward. Everyone in NY – especially us survivors! - should be proud of that steps are being taken to shift power back in to the hands of victims, not their abusers," said Caroline Knecht, C. A. Goldberg, PLLC victims' rights law.

All survivors deserve a route to justice. The Adult Survivors Act will serve as a reliable option for survivors in New York when institutions fail to protect them and hold their perpetrators accountable. End Rape On Campus is proud of the incredible efforts of the Adult Survivors Coalition, the survivors who are at the heart of this work, and the unwavering support of NY Senator Brad Holyman to push this legislation forward," said Kenyora Parham, Executive Director of End Rape On Campus.

"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," said Imani Webb-Smith, Director of Policy and Advocacy at a Little Piece of Light. "New York's cruel policies and practices frequently route survivors of sexual violence into the criminal legal system, providing inadequate or no treatment, revictimizing them and offering 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. Passage of the ASA is urgent and vital legislation addressing the complexities around sexual violence and the legal system; acknowledging the immediate need to implement fair laws that allow adult victims of sexual assault to pursue real justice."

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"We believe all survivors deserve to have their day in court and hope that other states will follow in New York's footsteps and work on their own version of this important legislation. We hope that the passage of the ASA will encourage victims of sexual violence, no matter their age or where their abuse occurred, to come forward and seek the justice they deserve. And we hope that those who may have reported in the past but were ignored or fell victim to archaic, predator-friendly laws will find the strength to go through the process one more time in order to find healing," said Mike McDonnell, SNAP Communications Manager.

"The New York State Public Affairs Committee of the Junior Leagues commends the legislature for recognizing that #TraumaTakesTime. We are 7500 women strong and every single one of us is, is related to, is employed by, volunteers with, lives with, or loves someone who has survived sexual assault. The impact trauma has on their lives is immeasurable and far reaching and it is incumbent upon us to provide them with pathways to justice. We hope that the Adult Survivors Act will bring peace and justice to the survivors who choose to pursue actions under it," said the NYS Public Affairs Committee of the Junior Leagues.

The ASA would provide a one-year lookback window to time-barred survivors who were abused when they were 18 years old or over. If passed, those 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. 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.