New York Adult Survivors Act – Know Your Rights
Lesley Brovner & Mark Peters
July 21, 2023
What is the New York Adult Survivors Act?
New York’s Adult Survivors Act (ASA), is a landmark law that created a lookback period allowing the adult victims of sexual assault and abuse, whose claims were time barred, to pursue those claims in court.
Who Can be Held Accountable Under the Adult Survivors Act?
The perpetrators of sexual assault and abuse against people over 18 years old that would otherwise have been time barred can be held liable under the ASA. Importantly, in many instances, so can institutions that negligently allowed the abuse to occur under their watch. It is important to consider all of the potential defendants when drafting a suit under the ASA.
How long is the Adult Survivors Act Effective?
New York’s ASA went into effect November 24, 2022, and will remain in effect until November 23, 2023. After that, claims not already brought under the ASA will go back to being time barred again.
Why was the Adult Survivors Act needed?
Passing the ASA was absolutely essential to provide justice to the countless people, mostly women, in New York State who had been assaulted and abused.
The ASA was an important companion bill to the Child Victims Act (CVA) which created a similar – but now expired – lookback window for the victims of sexual abuse who were under 18 at the time of the abuse.
Given the historical stigma attached to sexual assault, as well as the trauma suffered by assault survivors, it is no surprise that many survivors did not report their assaults at the time they occurred or in the years immediately following. With time, however, some survivors are able to come forward. Unfortunately, by the time they do so, the statute of limitations has often passed, and so legal redress is unavailable. The ASA, by creating a lookback window, solves this problem. Like the CVA, it allows survivors to finally hold powerful institutions and individuals accountable for their conduct.
Contact An Attorney
The sexual abuse attorneys at the law offices of Peters Brovner LLP focus on holding City, State and private institutions accountable for actions that result in significant harm and personal injury, including failure to protect individuals from sexual abuse. If you or someone you know is a survivor of sexual abuse or assault and you need legal advice, please reach out to the lawyers at Peters Brovner LLP for a free initial consultation.