What is the Adult Survivors Act?

On April 26, 2022, the Adult Survivors Act (ASA) was passed by the New York State Senate and then signed into law by Governor Kathy Hochul on May 23, 2022. This groundbreaking legislation is a huge win for sexual assault survivors in the state of New York. 

From November 24, 2022, to November 24, 2023, survivors of sexual assault have a one-time opportunity to seek justice through the legal system and have their claims heard in court. This is an unprecedented opportunity for those who suffered trauma and a monumental step forward in the fight for justice for sexual assault survivors.

How Is the Child Victims Act Different From the Adult Survivors Act? 

The Child Victims Act (CVA) and the Adult Survivors Act (ASA) both aim to provide justice to those who experienced sexual abuse, but they have some key differences. The CVA primarily focuses on individuals abused as children. The ASA is specifically for people who were abused as adults.

Under the CVA, individuals abused as children now have until the age of 55 to file civil lawsuits, a significant extension from the previous age limit of 23. 

The change in the statute of limitations allows people more time to come forward and demand justice but only applies to new cases. This New York lookback law takes into account delayed disclosure and the time it takes to process trauma.

The CVA lookback window, which allowed survivors to revive older cases, closed on August 14, 2021. The civil statute of limitations for sexual abuse varies in every state, and the CVA and ASA are specific to New York.

What Crimes are Eligible for Lawsuits Under the Adult Survivors Act? 

Under the Adult Survivors Act, survivors of sexual assault can file civil lawsuits for crimes covered under New York Penal Law Section 130 or the crime of incest under Penal Law Section 255. Described crimes include various forms of sexual offenses. These can include rape, criminal sexual act, sexual abuse, aggravated sexual abuse, and predatory sexual assault. 

Sexual abuse does not need to involve direct physical “sexual contact” in all cases. It may also include non-consensual sexual contact or conduct that causes physical injury or distress to the survivor. 

Forcible compulsion, defined as the use of physical force or the threat of immediate physical harm, is a key factor in determining whether a crime qualifies for lawsuits under the Adult Survivors Act. Consent, or the absence of it, plays a crucial role as well.

Predatory Sexual Assault (Section 130.95)

Predatory sexual assault involves severe sexual violence committed with the intention of obtaining sexual gratification, either in whole or in part. It includes acts such as sexual intercourse and oral sexual contact.

Rape (Penal Law Sections 130.35 and 130.25)

Rape refers to non-consensual sexual intercourse, including instances where the survivor is unable to give consent due to physical helplessness or mental incapacity.

Criminal Sexual Act (Sections 130.50, 130.45, and 130.40)

Similar to rape, criminal sexual acts involve engaging in oral or anal sexual conduct without the survivor’s consent. The ASA covers various degrees of criminal sexual acts, depending on the level of force or coercion involved.

Aggravated Sexual Abuse (Sections 130.66, 130.67, and 130.70)

This offense includes engaging in sexual conduct through forcible compulsion or with an individual incapable of consent due to a mental disability or being physically helpless.

Forcible Touching (Section 130.52)

Forcible touching involves the intentional touching of another person’s intimate parts without their consent. This could include actions such as touching someone’s breasts or genitals without their permission.

Sexual Abuse in the Third Degree (Section 130.55)

This offense involves engaging in sexual contact with another person without their consent. This sexual offense includes acts such as touching intimate parts or forcing someone to touch their own intimate parts.

“Lack of Consent,” Section 130.05:

If a target is less than 17 years old, mentally disabled, mentally incapacitated, or physically helpless, any sexual activity without their consent is eligible for lawsuits under the Adult Survivors Act.

What Is a Lookback Window? New York Extends Statute of Limitations 

A lookback window is a specific time period during which abuse survivors can file civil lawsuits, even if the statute of limitations for their case has expired. In the case of the Adult Survivors Act, New York extended the statute of limitations for one year, letting survivors obtain justice for past incidents. 

The NY lookback law provides a unique opportunity for survivors to hold their abusers accountable and obtain the compensation and closure they deserve.

Why the Adult Survivors Act Was Created?

The Adult Survivors Act was created in response to the growing movement of adult survivors of sexual abuse coming forward and sharing their stories. With the rise of the #MeToo movement, people felt empowered to break their silence. 

They demanded justice for the trauma they endured. The Act recognizes survivors deserve a legal avenue to win accountability and compensation from their abusers. 

Furthermore, the Act tackles the pervasive problem of abuse within institutions, with a staggering 65% of claims filed against organizations linked to the Catholic Church, according to a report by the Gothman Gazette. 

Over the years, the Catholic Church has paid approximately $4 billion to settle sex abuse lawsuits, according to the nonprofit group BishopAccountability. These staggering figures underscore the scale of the problem and the importance of legislation like the Adult Survivors Act.

When Does the New York Survivors Act Go Into Effect and When Does It End? 

The NY Adult Survivors Act officially went into effect on November 24, 2022, marking the start of a one-year window of opportunity for adult survivors of sexual abuse to pursue justice through civil lawsuits, even if the statute of limitations for their cases expired. 

Survivors must act quickly and take advantage of this limited timeframe, as the window will close on November 24, 2023. Make sure to consult with a qualified law firm and begin the process under the NY Adult Survivors Act as soon as possible.

Successful Sexual Abuse Civil Lawsuits 

Edwards Henderson is at the forefront of advocating for survivors of sexual abuse and fighting for justice on their behalf. Over the years, we have successfully represented numerous survivors in civil lawsuits, helping them obtain the compensation and closure they deserve.

Jeffery Epstein Case 

Our law firm, Edwards Henderson, has played a pivotal role in the Jeffery Epstein case, tirelessly advocating for justice on behalf of his targets. Our involvement began in 2008 when Courtney Wild, one of Epstein’s survivors, hired our founding partner, Brad Edwards, to pursue justice against Epstein for the abuse she suffered when she was just 14 years old.

Since then, and even after Epstein’s death in 2019, Edwards, along with the help of our partner, Brittany Henderson, has been relentless in his fight for the rights of Epstein’s accusers. We continue to push for accountability for the damage caused by Epstein and those who enabled him. 

Despite Epstein’s attempts to shield his wealth from his accusers, our attorneys, along with the estate’s lawyers, established the Epstein Victims Compensation Fund, ensuring individuals had a chance to receive compensation for their suffering.

Ghislain Maxwell Case 

In the highly publicized Ghislain Maxwell case, our team at Edwards Henderson has been closely involved in fighting for what’s right. Ghislain Maxwell, a former associate of Jeffrey Epstein, has faced numerous charges related to her alleged involvement in Epstein’s sex trafficking operation. 

Our attorneys have been at the forefront, fighting to hold Maxwell accountable and ensure that the survivors’ voices are heard. 

Priscilla Rainey v. Jayceon Terrell Taylor a/k/a The Game 

Brad Edwards and Brittany Henderson of Edwards Henderson, represented Priscilla Rainey in her courageous sexual assault civil lawsuit against Jayceon Terrell Taylor, also known as The Game. Rainey bravely came forward and shared her experience about how Taylor sexually assaulted her, seeking justice for the harm she endured. 

In 2019, a jury verdict ruled in Rainey’s favor and ordered Taylor to pay her a significant settlement of $7.1 million. This landmark decision not only provided financial compensation for Rainey but also sent a powerful message that survivors of sexual assault perpetrated by celebrities deserve to be heard and supported. 

Why File a Civil Claim Under the Adult Survivors Act?

Filing a civil claim under the Adult Survivors Act can have numerous benefits for survivors of sexual assault. By taking legal action, individuals have the opportunity to bring their perpetrators to justice and hold them accountable for their actions. 

A civil claim may not only provide a sense of closure and validation for survivors but also help prevent future instances of abuse by sending a strong message that such behavior will not be tolerated. 

Filing a civil claim may also provide people with crucial resources for recovery journeys, including financial compensation for therapy expenses, medical bills, and the need for temporary housing or relocation. 

Survivors often face significant financial burdens as they navigate the aftermath of sexual assault, including therapy expenses, medical bills, and the need for temporary housing or relocation. Filing a civil claim helps survivors obtain the financial compensation they deserve, which can go a long way in supporting their healing journey.

Additionally, filing a civil claim can have a broader impact by raising awareness about the prevalence of sexual assault and the need for societal change. By coming forward and sharing their stories, survivors help break the silence surrounding sexual assault and empower others going through the same thing. 

Furthermore, successful civil claims can hold institutions accountable for any systemic failures that allowed the abuse to occur. Hopefully, this encourages necessary reforms and sheds light on the prevalence of sexual assault.

How Can a Sex Abuse Lawyer Help Me?

For survivors of sexual abuse, a sex abuse lawyer can be an invaluable ally in your pursuit of justice. With specialized knowledge and experience, a qualified sexual assault lawyer can guide you through the legal process and help you understand your rights. 

A skilled attorney can help investigate your case, gather evidence, and build a strong lawsuit on your behalf. They can also connect you with resources, such as therapists or support groups, to assist you in your healing process. 

With the help of a sex abuse lawyer, you can have confidence in knowing that you have someone fighting for your rights and helping you navigate the complexities of the legal system.

How To File a Civil Lawsuit Under The Adult Survivors Act 

If you believe you experienced sexual assault and want to pursue a civil lawsuit under the Adult Survivors Act, there are several crucial steps:

• Consider if You Have a Case. The first step is determining if you have a viable case. Consult with a qualified attorney who specializes in sexual abuse cases to assess the strength of your claim and discuss your legal options.
• Gather Evidence. Collect all relevant documentation related to the abuse, such as medical records, police reports, and any other evidence that substantiates your claims. This evidence may strengthen your case and increase your chances of a successful outcome. Additionally, gather any available witness testimonies or other evidence that supports your case.
• File Before the Deadline. The Adult Survivors Act has a one-year revival period for filing civil lawsuits. It’s crucial. You must file your claim before the November 24, 2023 deadline to ensure that your case is not time-barred. A skilled attorney on your side can help you file your claim accurately and within the appropriate timeframe.
• Ask for Legal Assistance. Working with a qualified sexual assault lawyer who specializes in sexual abuse and has experience with the Adult Survivors Act can greatly benefit your case. They provide guidance, represent your interests, and help you build a strong case. With a sexual assault lawyer’s knowledge and resources, you can navigate the complexities of the legal system and increase your chances of obtaining the justice and closure you deserve.
• Take Care of Yourself. Make sure to take care of yourself emotionally during this process. Consider seeking support from professionals or support groups that can offer guidance and understanding. Remember, prioritizing your mental health can help you navigate the legal journey with resilience and strength.

FAQ: Adult Survivors Act NY

Can I Still Pursue Legal Action Against My Abuser if They Passed Away?

Yes, it is possible to pursue legal action against your abuser even if they have passed away. In these cases, survivors can often sue the estate of their abuser or the organization that enabled the abuse. 

For example, if the abuse occurred on a cruise ship or yacht, survivors may file a lawsuit against the cruise line or ship owner. Similarly, if the abuse took place in a psychiatric treatment facility or hospital, harmed individuals can pursue legal action against the organization responsible. 

Speaking with a qualified attorney who specializes in sexual abuse cases can help you navigate your legal options and choose the ideal course of action for your individual situation.

Can I File a Sex Abuse Lawsuit Anonymously? 

In some cases, it is possible for a survivor of sexual offenses to file a sex abuse lawsuit anonymously. This is particularly important for survivors who may fear retaliation or further harm by coming forward publicly. 

By filing the lawsuit under the name “John Doe” or “Jane Doe,” the survivor’s identity remains confidential throughout the legal process. An experienced attorney can guide survivors through the necessary steps to protect their anonymity while seeking healing for the harm they endured.

Can a Survivor Be Sued for Suing?

Pushing for legal action as a survivor of sexual abuse may lead to a defamation lawsuit filed by the accused perpetrator, but hiring a knowledgeable lawyer can provide protection from any legal complications.

It is important to remember that filing a lawsuit under the Adult Survivors Act is a legitimate and valid action. Survivors have the right to seek justice for the harm they endured, and the law is on their side. 

By following the guidance of their attorney, including refraining from posting about the case on social media or discussing the claim with others, survivors can navigate the legal process while minimizing the risk of facing a countersuit.

How Much Does It Cost To Sue Under the Adult Survivors Act?

Fortunately, survivors of sexual abuse can press for legal recourse under the Adult Survivors Act without worrying about the financial burden. Many law firms, including Edwards Henderson, work on a contingency fee basis for sexual abuse cases. 

This means that survivors do not have to pay any upfront fees or expenses. Instead, the law firm takes on the financial risk and only gets paid if they win the case and secure compensation for the survivor.

See If You Qualify to File an Adult Survivors Act Lawsuit

If you are a survivor of sexual abuse and are wondering if you qualify to file an Adult Survivors Act lawsuit, we are here to help. Our experienced team at Edwards Henderson specializes in sexual abuse cases and can assess the strength of your claim. We offer free and private consultations to discuss your situation and determine the best course of action. 

Contact us today to see if you qualify to file an Adult Survivors Act lawsuit and begin your journey toward justice and healing.