What is the Adult Survivors Act?
Signed into law in 2022, the ASA provides a crucial legal avenue for survivors of sexual abuse who were 18 years or older at the time of their abuse. This groundbreaking law temporarily reopens the statute of limitations, allowing these survivors to file civil lawsuits against their abusers or any organizations that enabled or failed to prevent the abuse.
By addressing past injustices, the ASA facilitates individual claims for compensation and aims to shine a light on systemic failures within organizations that may have ignored or covered up instances of abuse. This law is part of a broader movement to support survivors in confronting their trauma and achieving closure, ultimately fostering safer environments in communities and institutions across New York.
The One-Year Lookback Window
- From November 24, 2022, to November 23, 2023, survivors of adult sexual abuse can file civil claims regardless of when the abuse took place.
- The ASA applies only to those abused as adults, making it distinct from the Child Victims Act (CVA), which opened a similar window for survivors of childhood abuse.
ASA Eligibility for Survivors
Survivors can file suits against individuals directly responsible for the abuse and organizations that may have ignored, enabled, or covered up the misconduct—such as hospitals, schools, religious institutions, or workplaces. This is vital for holding accountable those who created or allowed an unsafe environment.
Suspension of the Statute of Limitations
Normally, New York’s statute of limitations for filing sexual abuse claims as an adult ranges from one to five years, depending on the specific type of claim. Under the ASA, survivors have a one-year window to file regardless of when the abuse happened, reopening opportunities for those previously time-barred.
Compensation Available Under the ASA
Survivors can seek compensation for:
- Physical, emotional, and psychological harm resulting from the abuse.
- Medical expenses, lost wages, and any related recovery costs.
- Pain and suffering that reflect the emotional toll of the abuse.
- Punitive damages to punish particularly egregious misconduct by abusers or enabling institutions.
Do You Have a Case Under the Adult Survivors Act?
The ASA opens the door for various types of claims, enabling survivors to seek justice regardless of when the abuse occurred. Here are examples of cases that could qualify under the ASA:
Misconduct from Decades Ago
A woman in her 50s remembers being sexually abused by her doctor during examinations in the early 1990s. Although the statute of limitations had previously expired, she now could potentially file a lawsuit against the doctor and the clinic for damages.
Abuse in the Workplace
A former employee endured abuse from a senior executive who silenced her complaints and wielded his power to prevent her from reporting the misconduct. The ASA enables her to file a civil claim against both the executive and the organization for failing to create a safe working environment.
Sexual Abuse by a Coach/Trainer
An athlete experienced ongoing abuse by her coach or trainer, who had considerable influence over her career. Under the ASA, she can sue both the coach and any governing organization for enabling the abuse and ignoring previous complaints, seeking accountability and justice.
If you identify with any of these scenarios or another not listed, contact HKD for a free legal consultation.
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