NY’s One-Year Window Ends With 3,000 Sex-Abuse Lawsuits

What's the story?

• In the past year, more than 3,000 civil suits have been filed in New York State following the Adults Survivor Act, allowing people to file sex abuse lawsuits after the statute of limitations had expired. 
• Before the Nov. 24 deadline, some of the lawsuits filed were against high-profile figures, including former Gov. Andrew Cuomo, Mayor Eric Adams, and rapper Sean Combs.
• The number of cases filed in the State Supreme Court increased from 803 on Oct. 31 to 1,397 by Nov. 22.

What is the Adult Survivors Act?

• The Adult Survivors Act, passed by the State Assembly in May 2022 and signed into law by Gov. Kathy Hochul, provided a one-year opportunity for victims aged 18 or older at the time of alleged abuse to file civil lawsuits against individuals or institutions, even if the statute of limitations has expired.
• Sen. Brad Hoylman (D-N.Y.) and Assembly Member Linda Rosenthal sponsored the bill, which received unanimous Senate approval in April 2022.
• The Adult Survivors Act was modeled after the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2019.
• Advocates for sexual assault survivors are urging new legislation in New York to either establish another lawsuit window or permanently allow filing civil suits for sexual assault beyond the statute of limitations.

Statute of limitations in New York

• Statutes of limitations are in place to shield potential defendants from unfair legal action by acknowledging that over time, crucial evidence may be lost, obscured, or unrecoverable, and witnesses' memories may fade.
• The general statute of limitations for criminal cases is usually five years for felonies and two years for misdemeanors.
• In 2019, New York extended the limitations for rape and sexual assault in the third degree to 10 years and for rape and sexual assault in the second degree to 20 years. The statute of limitations was entirely removed for incest in the first degree.
•  Liz Roberts, CEO of Safe Horizon, a non-profit servicing victims of domestic and sexual abuse, said:

"What we have learned is that trauma takes time ­– that when you've experienced a sexual assault, especially by somebody who was in a position of power, you may not be able to take action right away, that you need time to process what's happened to you, and you need time to get support around you if you are going to pursue some kind of legal action."

Do you support removing statutes of limitations for sexual assault cases?

-Laura Woods 

(Image credit: iStock)