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New York Adult Survivors Act

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New York Adult Survivors Act

On November 24, 2022, New York victims of sexual assault and sexual harassment will have a one-year window to bring civil claims, notwithstanding the expiration of the statute of limitations on their claims. This landmark legislation, known as the Adult Survivors Act, has been hailed by advocates for survivors of sexual violence as an important step toward addressing systemic issues surrounding sexual assault and harassment. This law follows the Child Victims Act, enacted in 2019, protecting child sexual abuse survivors.

The Adult Survivors Act is a critical step forward in efforts to address the pervasive culture of abuse in our society. In some cases, individuals have also suffered domestic violence. By giving victims a voice and providing them with legal recourse to hold perpetrators accountable, we can help support them in their recovery and prevent future harm. Additionally, insurers who wrote insurance policies may have exposure to claims under the new law.

If you or someone you know has experienced assault, rape or harassment, it is important to seek support and guidance from qualified legal professionals who can help you navigate the Adult Survivors Act process and ensure that your rights are protected. Contact our attorneys for a free and confidential conversation to discuss your case and whether you have a claim under the act.

The Adult Survivor Act is for Individuals Who Suffered Rape, Sexual Assault or Sexual Harassment

The Adult Survivors Act is a groundbreaking law that gives sexual assault and harassment survivors an opportunity to hold their perpetrators accountable for the harm they have suffered. Modeled after the New York Child Victims Act of 2019, the Adult Survivors Act provides a one-year window for people to bring civil claims even after the statute of limitations has expired.

Whether you experienced rape, sexual abuse, assault or sexual harassment, the Adult Survivors Act may provide you with another avenue to seek closure where the statute of limitations has passed on your case, making it time barred from civil action.

Our legal team is committed to helping those who suffered a sexual offense navigate this process and protecting their rights during this difficult time, regardless of when the sexual offenses and sexual abuse occurred.

How Was the Adult Survivors Act Enacted?

The Adult Survivors Act was signed into law in New York on April 24, 2022 by Governor Kathy Hochul. This landmark legislation aims to give sexual offense and harassment survivors the chance to seek justice after the statute of limitations has expired, a huge win for those who wanted to bring civil cases for actual and punitive damages. This applies even decades after the assault occurred.

Victims of sex crimes or a sexual offenses may pursue justice under the New York Adult Survivors Act, even where the statute of limitations on their claim expired. By this law, New York extended the time in which those who faced sex offenses may hold abusers accountable in civil court in New York State.

This New York law covers individuals who are a sexual assault survivor 18 years or older at the time they were sexually assaulted, enabling them to bring a civil lawsuit, bring claims previously time barred, allowing individuals to ensure those guilty of sex offenses are held accountable, even decades after the act.

The window for claims begins 6 months after signing (October 24, 2022).

Who is Eligible to File a Claim Under New York’s Adult Survivor Act?

The Adult Survivors Act offers anyone who has experienced rape, sexual assault, or sexual harassment is eligible to file a claim under New York’s Adult Survivor Act. This protects adults filing civil lawsuits looking to pursue justice in relation to a sexual offense and sexual abuse.

This includes both women and men age 18 or over at the time of the sexual abuse or assault, who are sexual assault survivors. This law will help survivors healing process, creating a one year lookback window, enabling them to take action against sexual offenses that were previously time barred.

Many survivors have not come forward because the statute of limitations lapsed on their claims. If you believe that you have been the victim of sexual violence, it is important to seek legal support as soon as possible so that you can take advantage of this important opportunity before the window to file a claim closes.

What Needs to Be Proven to File an ASA Claim?

In order to file a claim under the Adult Survivors Act, you must be able to demonstrate that the sexual assault or harassment occurred and that it caused you harm. This may include medical records, testimonies from witnesses, or other relevant evidence. A qualified legal professional can help guide you through the process of filing a claim and ensure that your rights are protected.

Some of the evidence you may be able to provide to help substantiate your claim might include:

  • Medical records or documentation of mental health treatment related to the assault/harassment
  • Testimony from other witnesses who were present during the assault/harassment
  • Emails, text messages, or other communications related to the assault/harassment
  • Police reports or other documentation of your case if you reported the incident to law enforcement

If you are ready to take action and file a claim under the Adult Survivors Act, our legal team is here to help. We offer free and confidential consultations so that you can get the support and guidance you need during this difficult time.

Common Questions About the Adult Survivors Act

Many men and women have questions about the Adult Survivors Act.
Here are several of the more frequently asked questions by many survivors about the ASA:

How can I file a claim under the Adult Survivors Act?

The Adult Survivors Act allows survivors to file civil claims against their perpetrators, even if the statute of limitations has passed on their case. To file a claim under this act, you will need to work with an experienced legal professional who can help guide you through the process and ensure that your rights are protected.
The Adult Survivors Act allows survivors to file civil claims against their perpetrators, even if the statute of limitations has passed on their case. To file a claim under this act, you will need to work with an experienced legal professional who can help guide you through the process and ensure that your rights are protected.
Depending on the circumstances of your case, you may be able to provide a variety of evidence in support of your claim under the Adult Survivors Act. This might include medical records, police reports, or other documentation related to the assault or harassment. It is important to work with a qualified legal professional who can help you gather the necessary evidence and build a strong case.
Under New York’s Adult Survivors Act, survivors may begin filing claims 6 months from the date of law’s enactment (October 24, 2022). There is a one-year window in which these claims may be filed. It is important to consult with a legal professional as soon as possible so that you can take advantage of this limited time window before it closes. Do not wait until the deadline, as an attorney will not have sufficient time to investigate and gather necessary information justifying the filing of a claim.
The Adult Survivors Act provides for monetary awards for the survivors of sexual assault, rape and sexual harassment where the statute of limitations previously lapsed on the claim. The amount a victim may receive can vary greatly based upon the nature of the act, various factors relating to the claim and more. Each case is different and must be evaluated on its merits.
The Adult Survivors Act is limited to claims for sexual assault and harassment, meaning that only those individuals who suffered these crimes may seek a remedy through this law. Unfortunately, there are tens of thousands of crimes such as this each year in New York, some prosecuted, many not. The potential number of claims is tremendous, and it is critical that these individuals not feel alone. This happens all too often, and now they have a right to seek justice, compensation and closure.
While both acts are designed to provide justice and compensation, allowing victims of sexual assault, they differ in several key ways. The Adult Survivors Act applies to those over the age of 18, while the Child Victims Act applies to those under the age of 18 who suffered childhood sexual abuse in New York state. Both extended the statute of limitations for sexual assault survivors and sexual assault survivors, allowing a civil lawsuit to be brought in New York state.
The Governor of New York, Governor Kathy Hochul, signed this law on April 24, 2022, after being bassed by the New York State Assembly. This law has widespread support, including the New York City Alliance, the Foundation for Survivors of Abuse, Safe Horizon CEO Liz Roberts, Executive Director of the New York State Coalition Against Sexual Assault Joanne Zannoni, Model Alliance Executive Director Sara Ziff and many other support this new law.
If you are ready to take action and file a claim under the Adult Survivors Act, we encourage you to contact the attorneys at Alonso Krangle as soon as possible. The attorneys at our firm have significant experience handling these types of claims, both within the scope of the Child Victims Act as well as other individual claims. Our attorneys are compassionate and discrete. and are on your side advocating for you.

Contact the Lawyers at Alonso Krangle Today for a Free Consultation

The attorneys at Alonso Krangle are here to help. We understand the trauma that survivors of sexual assault and harassment can face, and we are committed to helping you seek the justice and compensation you deserve under the Adult Survivors Act. To learn more about how we can help you: call us today for a free confidential consultation at (800) 403-6191.

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