NEW YORK SEXUAL ABUSE ATTORNEY - MICHAEL REHM
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New York Adult Survivors Act Attorney
“Today, we take an important step in empowering survivors across New York to use their voices and hold their abusers accountable…To those who thought they got away with the horrific crimes they committed, I have just one message: Your time is up. Your victims would see you in court, and you would be brought to justice” - Kathy Hochul, Governor, State of New York.
The Adult Survivors Act was enacted by New York Governor Kathy Hochul on May 24, 2022, to the excitement of millions of people. It meant that more sexual predators could finally be brought to justice. The Adult Survivors Act is a replica of the Child Victims Act (which extended the statute of limitations for criminal charges to the age of 28, and civil charges to the age of 55). The act establishes a one-year opening for anyone sexually abused as an adult and has been previously barred from taking legal actions due to the statute of limitations.
Survivors of adult sexual abuse can now file civil lawsuits against their abusers and negligent organizations regardless of when in their adult life the abuse took place. This is coming on the heels of the recently concluded window that was made available for people who were sexually abused as minors to file for damages. it expires, it is difficult to initiate the claims.
In 2019, New York increased the statute of limitations to file civil lawsuits for sex-related offenses to 20 years, but it is only applicable to future occurrences and not older ones. The Adult Survivors Act offers all adult survivors one year to report all sexual abuses that were barred by the statute of limitations.
The ASA applies to anyone who has suffered sexual abuse after they clocked the age of 18 in New York, and the one-year opening begins six months after the act was signed.
What are the Legal Implications of the Adult Survivors Act?
The ASA specifically provides a one-year window of opportunity for adults who experienced sexual assaults to file civil charges against their abusers and any organization or entity that made it possible. You need to be above the age of 18 when you suffered the sexual abuse to lay claim to this act.
If you have suffered any sexual offenses defined in the New York Penal code as an adult and you have not received any form of compensation from a civil proceeding, then this is your chance.
The act is to give a trial preference for these instances and instructs the chief administrator of the courts to make the right adjustments necessary for the swift hearing of these cases. If the enactments of the CVA are anything to go by, then we can expect special training for the Judges that would preside over these matters, dedicated courts, and accelerated timelines. The act allows the survivors of sexual abuse to make criminal complaints and also file civil lawsuits against not just individual perps but against institutions as well.
In cases where an organization or employer did not perform due diligence in supervising the offender on their payroll or committed other civil wrongs that resulted in the sexual assaults, the act allows survivors to sue them. Survivors can sue both current or former employers that were responsible directly or indirectly for the sexual abuse they suffered.
Possible Challenges
It is expected that there will be a few thousand lawsuits within the space of one calendar year, and this might pose some challenges. There are currently thousands of lawsuits under the Child Victim Act that are yet to move forward in courts, and the new ASA means thousands more for adults. This creates a unique problem for court administration, particularly with decades-old abuse allegations.
Who can be Sued?
The Adult Survivors Act provides for two types of legal allegations:
The Intentional Charge: this is the charge of sexual assault crime brought against the offender. The lawsuit is a civil one, and the allegation would state what exact crime was committed. This is against the actual perpetrator.
The Negligent Charge: This would be brought against the employer of perpetrator, including colleges, universities, schools, churches, or other institutions. It could also be filed against an individual who was aware of the sexual abuse, or should have been aware, and had a responsibility but they were negligent.
Basically, these are charges brought against any person or entity that had a responsibility to act or failed to act. To show that a third party was liable, you will have to prove that the third party knew or should have known that the offender had a propensity to commit sexual assault to the extent that it was anticipated or foreseeable.
What Crimes Can Be Charged Under the Adult Survivors Act
Below is a list of all the sexual offenses and charges that the Adult Survivors Act applies to:
- Sexual Abuse in the First Degree
- Sexual Abuse in the Second Degree
- Sexual Abuse in the Third Degree
- Persistent Sexual Abuse
- Rape in the First Degree
- Rape in the Second Degree
- Rape in the Third Degree
- Aggravated Sexual Abuse in the First Degree
- Aggravated Sexual Abuse in the Second Degree
- Aggravated Sexual Abuse in the Third Degree
- Aggravated Sexual Abuse in the Fourth Degree
- Sexual Misconduct
- Criminal Sexual Act in the First Degree
- Criminal Sexual Act in the Second Degree
- Criminal Sexual Act in the Third Degree
- Facilitating a Sex Offense With a Controlled Substance
- Forcible Touching
- Incest in the First Degree
- Incest in the Second Degree
- Female Genital Mutilation
Compensation Under The Adult Survivors Act
The damaging consequences of sexual assault can never be overcompensated. People who suffer sexual abuse often end up with serious trauma. Common injuries include bodily harm, anxieties, depression, and post-traumatic stress disorder (PTSD). Sometimes, victims need therapies all through their lives.
Many individuals who have suffered from sexual abuse have social problems and find it difficult to hold down a job or relationship, causing severe impacts on the capacity to earn money and enjoy the pleasures of life.
Under the ASA, survivors can receive compensated for these damages and further punitive damages. The act allows to file for compensation for the following:
- Medical bills, including doctor's appointments, therapy sessions, medications, and other psychological treatments.
- Lost wages
- Pain and suffering
- Emotional anguish
- Other non-monetary damages.
Can I File a Claims Under the Adult Survivors Act?
The adult survivors act stipulates who can file civil lawsuits and who cannot. To be eligible to seek legal actions under this act, you must meet the following criteria:
- You must be an adult, 18 years or older, at the date of the sexual abuse
- The sexual assault must have happened in the state of New York
- You have not obtained any legal judgments or compensation for the sexual abuse
If you are an adult survivor of sexual abuse, you deserve justice. Fortunately, the Adult Survivors Act will allow many individuals to seek that justice and receive the compensation they so deserve.
NEW YORK COLLEGE PROFESSOR SEXUAL ABUSE ATTORNEY - MICHAEL REHM - (800) 978-0754
Serving all of New York, including New York City, Manhattan, Brooklyn, Queens, Bronx, Staten Island, Westchester County, Nassau County, Suffolk County, Rockland County, Buffalo, Rochester, Syracuse, Albany, Yonkers, New Rochelle, Cheektowaga, Mount Vernon, Utica, Ithaca, and Schenectady.