Filing Sexual Abuse Lawsuits Under New York’s Adult Survivors Act: Frequently Asked Questions
On May 24, 2022, New York Governor Kathy Hochul signed the Adult Survivors Act into Law.
This law will open a window for survivors of sexual abuse that occurred when they were 18 or older to file lawsuits, regardless of how many years ago, the abuse happened.
Our lawyers at Alonso Krangle, LLP are preparing to file lawsuits for individuals who suffered sexual abuse as adults but did not have the opportunity to seek accountability and compensation from their abusers. Please call our lawyers today at 800-403-6191 to find out if you are eligible to file a lawsuit for adult sexual abuse.
Survivors of sexual abuse and their families likely have questions about the new law, what the Adult Survivors Act could mean for them, and how to pursue compensation. Let’s take a closer look at some of those questions and answers.
What is the Adult Survivors Act?
The New York Adult Survivors Act, also called the ASA, is a brand new law. The ASA addresses the rights of sexual abuse victims who were adults at the time of the abuse.
What Does the ASA Say About the Rights of Survivors of Adult Sexual Abuse?
The ASA temporarily suspends the statute of limitations for filing civil lawsuits related to sexual abuse.
Sexual abuse victims will have one year to file lawsuits seeking compensation for their abuse-related injuries, regardless of how long ago the abuse occurred. Survivors of sexual abuse will be able to file lawsuits even if the statute of limitations previously barred them.
When Does the One Year Lookback Window Open?
Governor Hochul signed the law on May 24, 2022. The lookback window opens six months from that day. Therefore, the one-year period to file lawsuits for adult sexual abuse should run from November 24, 2022, through November 24, 2023.
Is the Adult Survivors Act the Same as the Child Victims Act?
No, although the ASA was modeled after the Child Victims Act (CVA). The CVA also provided a lookback window for individuals to file sexual abuse lawsuits. However, under the CVA, the abuse had to occur when the victim was under 18. The CVA window to file child sexual abuse claims is now closed.
The lookback window under the ASA applies only to people who were sexually abused as adults.
Who Should be Able to File Claims Under the Adult Survivors Act?
If you were 18 or older when you were sexually abused, you should be eligible to file a lawsuit under the ASA.
What Sexual Abuse Is Covered By The ASA?
Sexual abuse can involve many different things, including:
- Attempted rape
- Unwanted sexual touching
- Unwanted exposure to sexual photographs, images, or sexual acts
Any non-consensual, unwanted sexual contact or exposure can be considered sexual abuse.
Who Might Be Liable?
Adults who experience sexual abuse can suffer at the hands of nearly anyone. Sexual abuse is often perpetrated by individuals the victim knows and has a relationship with.
If you were sexually abused when you were 18 or older, the abuser might be liable for your injuries.
The abuser might be a
- College professor
- Work colleague
In many instances, you can also seek compensation from an institution or business entity that employed or supervised the abuser. For example, you might seek liability from
- The university that employed the doctor or professor
- The organization that employed and supervised the coach
- The nursing home that employed the caregiver
- The Church that employed the priest
Lawsuits for sexual abuse can involve more than one responsible party.
What Compensation Can Be Recovered?
Sexual abuse lawsuits can result in compensation for your injuries. Your lawsuit might go to trial, where a judge or jury can grant you an award for damages. Your lawsuit might result in a settlement before it ever reaches litigation. There are no guarantees that you will collect any particular amount of money if any. However, if you suffered injuries because of sexual abuse, you might be able to obtain compensation for
- Doctor visits
- Lost earning capacity
- Lost wages
- Pain and suffering
What Are Some Injuries Caused By Sexual Abuse?
Sexual abuse can cause physical and emotional injuries.
The deep trauma of being sexually abused can create problems that severely decrease your quality of life. Injuries from sexual abuse can include:
- Drug addiction
- Alcohol addiction
- Criminal behavior
- Dysfunctional, violent relationships with others
Surviving sexual abuse that occurs at any age often results in several injuries listed above. Getting professional help and treating these injuries can be costly and time-consuming. Filing a lawsuit against your abuser will not make the injuries go away. But it might make your healing process a bit easier in various ways.
What Should I Do To Prepare For My Adult Survivors Act Lawsuit?
If you were sexually abused as an adult and are considering filing a lawsuit against your abuser, there are some things you can do to prepare.
- Gather receipts for medical visits related to the abuse
- Gather receipts for therapy and medication related to the abuse.
- Make a list of visits to medical or psychological professionals you have seen.
- Make a list of people you have discussed the abuse with
- Compile a timeline of incidents related to sexual abuse. The timeline might include dates of abuse, where the abuse occurred, what happened, who was present, and what did you do after?
Our lawyers at Alonso Krangle, LLP, are here to help you prepare for your sexual abuse lawsuit. We can investigate the facts of your claim, organize evidence, obtain medical records, and interview witnesses. We want to be ready to begin filing sexual abuse lawsuits under the Adult Survivors Act when the window opens.
Call Alonso Krangle, LLP If You Survived Adult Sexual Abuse
Our sexual abuse lawyers at Alonso Krangle, LLP, want to ensure you take the opportunity being presented by the Adult Survivors Act. If you are a sexual abuse survivor and the abuse occurred when you were 18 or older, you will have one year to file a lawsuit against the parties responsible.
It does not matter how long ago the abuse occurred or how old you are now. It does not matter if the statute of limitations ran out years ago. The ASA gives you a second chance to seek compensation for sexual abuse.
Call Alonso Krangle, LLP today at 1-800-403-6191 to get started. Tell us the facts of your case, and let us determine if you can take advantage of the ASA lookback window. Our lawyers fight for victims of sexual abuse and are ready to help you obtain the maximum compensation allowed by law.