ALBANY — Adult survivors of sex crimes will soon be able to sue their alleged abusers in New York even if statutes of limitations have expired.
Gov. Hochul on Tuesday signed the Adult Survivors Act into law, opening a one-year lookback window for civil suits for sexual abuse that occurred when the victim was 18 or older.
“The trauma that comes with experiencing sexual assault does not arbitrarily adhere to a limit of time, nor can justice be held to a period of time,” the governor said during a signing ceremony at the State Capitol. “Going forth, after today in New York, it will not.”
The legislation, modeled after the 2019 Child Victims Act, will temporarily lift the statute of limitations for civil lawsuits against abusers of people over 18 and provide a one-year period for survivors to take legal action.
New York extended the statute of limitations to 20 years for adults filing civil lawsuits for a select number of sex crimes in 2019. However, that legislation only affected new cases and was not retroactive.
Advocates have fought for the new bill for years, arguing that survivors often don’t come to terms with or come forward to talk about their sexual abuse within the legal time frame established to file lawsuits.
The new legal lookback window will begin in six months.
“The collective power of survivors is one of the most powerful forces I have ever encountered,” said Liz Roberts, the CEO of Safe Horizon. “The Adult Survivors Act is a testament to that power. I’m grateful to every survivor who told their story, who met with a lawmaker, who used their voice on social media or in any other way. We would not be here without them.”
Advocate Marissa Hoechstetter, whose work was instrumental in getting the bill passed in both chambers, talked about the abuse she suffered when she was sexually assaulted by the doctor she saw while pregnant.
She said it was important that her twin daughters be in the room for the bill signing on Tuesday because she wanted them to know the power of speaking out.
“It’s important to use your voice when you know something wrong was done to you,” she said.
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The new law will allow survivors to not just sue their alleged abusers but also institutions that may have protected them, including churches schools and businesses.
The state Assembly approved the bill by a 140 to 3 vote on Monday. It was unanimously approved by the state Senate last month.
“Regardless of your age, sexual assault destroys a piece of you, and it takes most survivors time to process and overcome the trauma. More time than New York law currently allows,” said sponsor Assemblywoman Linda Rosenthal (D-Manhattan). “The ASA will also ensure that predators who have hidden behind New York’s weak laws will finally face justice.”
Rosenthal, along with Sen. Brad Hoylman (D-Manhattan), also was lead sponsor of the Child Victims Act back in 2019.
The earlier law opened up a similar civil suit period for survivors of childhood sexual abuse to bring alleged abusers to court long after statutes of limitation passed.
Extensions due to the COVID-19 pandemic allowed for additional time and eventually more than 10,000 suits were filed under the law.
“Finally, courthouse doors across our state will be flung open so you can confront your abusers and seek the justice that was too long denied you,” Hoylman told survivors on Tuesday.
“To the predators who for decades have benefitted from New York’s prohibitively short statutes of limitations, you know who you are,” he added.