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Sexual assault is a serious and pervasive problem in the United States. According to the National Sexual Violence Resource Center (NSVRC), 43.6 percent of women and 24.8 percent of men will experience some form of contact sexual violence during their lifetimes. Contact sexual violence includes rape, attempted rape, sexual coercion, and unwanted sexual contact.
The aftermath of sexual assault is devastating, often leading victims to remain silent about their experience for years as they attempt to heal. Because of this, the statute of limitations for filing a claim often passes, and victims end up feeling lost when they are finally ready and able to speak. Fortunately, a New York bill was recently signed into law, giving survivors another chance at obtaining justice.
What is the Adult Survivors Act?
Signed into law on May 24th, 2022, by Governor Kathy Hochul, the Adult Survivors Act is an amendment to the previous practice and rules regarding the statute of limitations for civil actions related to sexual offenses against survivors who were eighteen or older at the time the abuse occurred.
How it Works
The Adult Survivor Act’s actual text reads:
“Every civil claim or cause of action brought against any party alleging intentional or negligent acts…by a person for physical, psychological, or other injury or condition suffered as a result of…a sexual offense…against such person who was eighteen years of age or older…which is barred…because the application period of limitation has expired, and/or the plaintiff previously failed to file a notice of claim…is hereby revived.”
In essence, any survivor (who was 18 or older at the time) of a sexual offense, as defined by Article 130 of New York’s penal law, who has missed their time limit to file a claim, is now able to file again for a limited time. This would apply to any sexual offense against a survivor, even if it occurred years or decades prior.
What Survivors of Adult Sexual Abuse Can Do
Through amending the previous statute of limitations, The Adult Survivors Act creates a one-year lookback window in which survivors can file a claim, finally seeking justice against the abusers or institutions that failed to protect them. The window opens on November 24th, 2022 (six months after the bill was signed into law) and closes on November 24th, 2023.
Levy Konigsberg is Representing Survivors of Sexual Offenses
Levy Konigsberg is committed to representing survivors of sexual offenses, including women sexually abused in prisons, hospitals, medical facilities, and colleges. We believe that every survivor deserves justice, and we will fight tirelessly to get them the compensation they deserve. We understand the unique challenges that survivors face, and we are dedicated to helping them get justice. If you or someone you know has been sexually assaulted, do not hesitate to get in touch with us for a free consultation.
Call us today at (800) 315-3806 or fill out our form online to schedule a free initial consultation.
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