Westchester Lawmakers, Safe Horizon + Survivors of Sexual Abuse to NYS Assembly: "Pass the ASA!"

WHITE PLAINS, NY (04/14/2022) (readMedia)-- Today, in the middle of Sexual Assault Awareness Month, the victim assistance organization Safe Horizon joined Senator Mayer and Biaggi, Assembly Members Paulin, Burdick and Abinanti, and survivors of sex abuse including Jaron Benjamin and Donna Hylton, and advocates to rally for the Adult Survivors Act (ASA). The ASA, 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.

The NYS Senate passed the ASA unanimously last year but the Assembly failed to move it forward. Earlier this spring, the Senate Judiciary and Finance Committees again passed the ASA, sending it to the floor for a full vote. Assemblymember Abinanti sits on the Judiciary Committee, the first stop for the legislation in the Assembly.

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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.

"Processing trauma takes time. Many survivors of sexual assault need years, or even decades, to process their pain. That means they also need time to come forward and share what has happened to them," said Liz Roberts, the CEO of Safe Horizon, the nation's largest and leading victim's services agency. "That's why the Adult Survivor's Act is so important. It would give survivors who were denied the chance to seek justice in the courts the time they need. I urge Albany to stand with survivors, and pass the Adult Survivor's Act now."

The Child Victims Act, which the ASA is based off of, 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.

In 2019, along with the CVA, 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.

"Survivors of sexual assault often need years, and sometimes decades, before they are able to speak about their abuse, much less hold their abusers accountable-- and our rule of law must take that into account. We must prioritize a survivor-centered approach by passing the Adult Survivors Act this legislative session. We owe it to adult survivors to provide them with an opportunity to hold their abusers and the institutions that protected them accountable," said Senator Alessandra Biaggi.

"I am pleased to support the Adult Survivors Act, which will provide a path to justice for adult survivors of sexual abuse. Like so many child victims, adult survivors are required to file legal action before they have come to terms with their abuse, leaving so many survivors unable to file charges against abusers who too often live their lives without any accountability. I am pleased the Senate has passed this bill before, and I urge the Assembly to do the same, so we can give survivors a path to closure and accountability. I appreciate the incredibly difficult work of survivors who have been willing to share their pain in order to press for change," said Senator Shelley Mayer.

"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 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 this bill which gives sexual assault victims the chance to be heard, and start to heal," said Assembly Member Amy Paulin.

??"As one of dozens of survivors of sexual assault by former OB/GYN Robert Hadden, I know how it feels to hold a terrible truth and decide to speak it out loud. It takes time. If and when someone chooses to come forward, their pathway to justice should not be time barred or limited to results from a fraught criminal justice system. Survivors deserve an opportunity to be heard in their own time. With the Adult Survivors Act, New York has the opportunity to provide ALL survivors access to justice. Albany lawmaker must prioritize survivors and pass this bill as soon as possible," said Evelyn Yang.

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.