New York’s Adult Survivors Act (ASA)
Earlier this year, on May 24, 2022, New York State provided for an expansion of the rights of sexual assault victims to seek civil compensation. The Adult Survivors Act (“ASA”) provides a limited window from November 24, 2022, until November 23, 2023, for victims of sexual assault who were 18 years old at the time of the occurrence to bring a lawsuit for the offense, notwithstanding how long ago it was committed. This new law not only opens up the time to bring action against the perpetrator of the assault but also any institutions, employers, or managers who may have known or should have known that the sexual abuse was taking place or was likely to take place. These institutions include corrections facilities, schools, homeless services institutions, hospitals, counselors, and doctors.
The ASA gives a much-needed voice to survivors of adult sexual assault, who may have been initially reticent about reporting or taking action against their perpetrator, for a myriad of reasons, including guilt, shame, community pressures, and other social and psychological factors.
This limited window – from November 24, 2022 until November 23, 2023 – allows for claims of sexual abuse or assault for victims who were at least 18 years old at the time of the occurrence. Claims can arise out of incidents, codified under New York Penal Law, Article 130, and 255.26 and 255.27, including incidents of rape, criminal sexual acts, forcible touching, sexual abuse, or incest as an adult. The types of injuries that are commonly compensible under such claims, include depression, anxiety, PTSD, as well as other acute and chronic psychological issues.
Establishing a claim for sexual assault and abuse, especially for actions that took place years ago, requires a team of experienced professionals to ensure that the case is investigated thoroughly, and no stone is left unturned.
Our team at Grandelli & Eskenasi has attorneys and staff who have extensive experience working with sexual assault victims and are ready to answer any questions you might have regarding your case. If you or someone you love has been a victim of sexual assault, and you believe you qualify under this new law, please do not hesitate to call our lawyers for a free legal consultation at 212-668-8400.
