If a New York bill supporting sexually abused adults passes, adult survivors of sexual crimes would have a one-year period of time to file a lawsuit over the abuse.

The proposed Adult Survivors Act would open a window of opportunity for adults similar to that opened earlier this year by the Child Victims Act for victims who were abused as children. The bill was introduced in the fall by Sen. Brad Hoylman, who issued a statement saying, “For too long, justice has been out of reach for adult survivors of sexual crimes. Survivors have experienced horrific trauma and abuse, and many do not immediately come forward – they deserve our support whenever they decide they are ready to pursue justice.”

If passed, the Adult Survivors Act would be supporting sexually abused adults by providing them with a one-year window, starting six months after the bill is signed into law, to file civil lawsuits for certain sex offenses committed against them when they were 18 years old or older at the time. At the end of the 365-day window, New York’s regular statute of limitations would effectively resume.

New York’s legislative session begins Jan. 8, and the bill is expected to be among those considered.

New York has different time limits for adult survivors of sexual assault to file a lawsuit. Recent updates to state law now allow survivors of second-degree rape to have a time limit of 20 years to file a lawsuit against the perpetrator. Still, some survivors who were abused years ago might have had as little as one year to file suit.

The Adult Survivors Act could mean Harvey Weinstein and the state of Jeffrey Epstein could end up facing even more new civil lawsuits. Weinstein has denied having illegal sexual contact with any women, but dozens of women have accused him of everything from sexual harassment to rape.

Although many of Epstein’s victims were legally children at the time of the alleged sexual abuse, some survivors were 18 or older during the alleged assaults.

Supporting Sexually Abused Adults

In early 2019, the state of New York passed the Child Victims Act, which provides a look-back window to extend the statute of limitations for people who were victims of child sexual abuse. Hundreds of lawsuits have been filed against alleged abusers and the institutions that protected them since the one-year look-back window opened on Aug. 14, 2019.

Marissa Hoechstetter, who is an advocate for survivors of sexual abuse, told Crains New York that the ability to file lawsuits provides a sense of justice when criminal prosecution isn’t possible. She said it’s only fair that adult survivors be allowed their day in court.

Hoechstetter’s own story of sexual abuse prompted the New York City Council to pass a bill allowing parents to be provided with new, revised copies of their children’s birth certificates without the doctor’s name listed if the doctor loses his or her medical license.

Hoechstetter and at least 18 other women accused Robert Hadden, who was an OB-GYN at NewYork-Presbyterian Hospital/Columbia University Medical Center, of sexual abuse. Hoechstetter wanted Hadden’s name removed from her twin daughters’ birth certificates.

Hadden pled guilty to sexual abuse crimes in 2016 and had his medical license revoked, but did not serve time in jail. Hoechstetter is currently a plaintiff in a civil lawsuit alleging the hospital and Columbia helped cover up Hadden’s pattern of abuse of his patients for decades.

This article is not legal advice. It is presented
for informational purposes only.