Notice: The New York Adult Survivors Act expired as of November 24, 2023. We are no longer accepting clients for this type of case.

On May 24, 2022, the Adult Survivors Act (S.66A/A.648A) officially went into effect in New York after being signed by Governor Kathy Hochul. The new law lifts the statute of limitations and gives survivors of sexual assault over 18 when the assault occurred a one-year look-back window. During this time, they can file a civil lawsuit against their abuser. The New York adult survivors act lawyers at Hach & Rose actively assist individuals with claims.

If you are the victim of a sex offense in New York, and you were over the age of 18 at the time the offense occurred, you now have an opportunity to hold the perpetrator financially responsible for the losses you suffered. This is true even if you are currently time-barred by the statute of limitations. Lawsuits will be allowed to be filed near the end of November, so contact a compassionate New York sexual abuse attorney at Hach & Rose, LLP today to discuss your situation and find out how our attorneys can help with your case. Call us at (212) 779-0057.

What Is the Adult Survivors Act?

The Adult Survivors Act extends New York’s short statute of limitations period on sex offenses. It allows sexual assault and abuse victims and people who were victims of incest and over 18 at the time of the offense to file a lawsuit against the perpetrator. This holds true even if the time parameters set by the statute of limitations have long passed. Survivors will be allowed to begin filing lawsuits on November 24, 2022. The one-year look-back window will officially close on November 23, 2023. Survivors currently time-barred must take legal action within this window to have a valid case.

In addition to allowing adult survivors to hold their abusers accountable, survivors of sexual abuse and assault in the workplace can bring claims against employers or institutions who could have been held financially liable before the statute of limitations passed.

The Child Victims Act Window Closed

The Adult Survivors Act mirrors the Child Victims Act. The Child Victims Act extended the statute of limitations on child sex offenses, allowing victims of childhood sexual assault and abuse to file a lawsuit against their abuser until they reach age 55. The statute of limitations for child sex offenses previously began on the date the minor turned eighteen and expired a few years later. The Child Victims Act also established a one-year lookback window allowing victims of childhood sexual assault aged 55 and above to take legal action against the perpetrator. That window has now closed.

The Adult Survivors Act seeks to empower adult survivors of incest and sexual assault, and abuse, allowing them to sue their abusers for financial compensation regardless of how long the assault or abuse occurred. Given that many incest and sexual assault, and abuse victims initially remain silent due to fear of retaliation or shame, this huge win will finally allow these survivors to have their day in court.

Of course, the burden of proof is still on survivors, as the law does not grant them an automatic “win.” The law allows survivors to present their case. Survivors must still present evidence to support their claims, including medical records, photo evidence, expert testimony, and witnesses who were told about the sexual offense when it was committed. Victims who win their case could be entitled to recover full financial remedies, including financial, non-financial, and punitive damages.

What Crimes Does the Adult Survivors Act Apply To?

The Adult Survivors Act will allow adult survivors of sexual assault and abuse to file a lawsuit in civil court against their abuser. The Adult Survivors Act applies to crimes such as:

Rape in the First Degree
Rape in the Second Degree
Rape in the Third Degree
Sexual Misconduct
Sexual Abuse in the First Degree
Sexual Abuse in the Second Degree
Sexual Abuse in the Third Degree
Persistent Sexual Abuse
Forcible Touching
Aggravated Sexual Abuse in the First Degree
Aggravated Sexual Abuse in the Second Degree
Aggravated Sexual Abuse in the Third Degree
Aggravated Sexual Abuse in the Fourth Degree
Criminal Sexual Act in the First Degree
Criminal Sexual Act in the Second Degree
Criminal Sexual Act in the Third Degree
Female Genital Mutilation
Facilitating a Sex Offense with a Controlled Substance
Incest in the First Degree
Incest in the Second Degree

Civil litigation is different than criminal litigation, and the penalties in a civil lawsuit are purely financial. Through a civil lawsuit, survivors of sexual assault and abuse now have an opportunity to recover compensation for the losses they suffered due to the crimes of their abuser.