The Adult Survivors Act expired Friday. Here’s what to know about the New York law.
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Content note: This article includes mentions of sexual assault.
New York state’s Adult Survivors Act expired Friday, ending the one-year period that allowed people to file civil suits for sexual offenses regardless of when the offenses occurred.
The ASA took effect on Nov. 24, 2022, six months after Gov. Kathy Hochul signed the legislation in May 2022. The act provided a one-year “lookback window” for survivors who were over the age of 18 at the time of abuse to sue their abusers. More than 2,500 lawsuits were filed under the act, according to CNN.
The act — which followed the 2019 Child Victims Act — made it possible for survivors to come to terms with their trauma before taking legal actions regardless of the statute of limitations, Gov. Kathy Hochul wrote in a press release. The statute of limitations was extended in New York state to 20 years in 2019 for adults filing civil lawsuits for certain sex crimes.
Proponents of a longer statute of limitations say that survivors of sexual assault may need years to properly process their trauma and feel comfortable reporting the incidents. Under the ASA, plaintiffs couldn’t sue for criminal prosecution but could sue individuals, employers, schools or other institutions for monetary damages.
Several former Syracuse University students have recently filed lawsuits under the ASA. A former student sued emeritus professor Theodore Wallin on Tuesday, alleging months-long sexual abuse in 1986. A former female student filed a lawsuit on Nov. 17 against the university, fraternity Sigma Chi and sorority Delta Delta Delta, alleging she was drugged and raped at the fraternity’s chapter house in 1991.
Two former students filed lawsuits against SU for negligence of predatory behavior in 1981 and 1982 by Conrad Mainwaring, a former residence hall deputy director who assisted the university’s track and field team. One case was filed on Tuesday while the other was filed on Wednesday.
Following the ASA’s expiration, sexual assault survivor advocates are seeking an extension or another more permanent method of seeking legal accountability for sexual abusers, according to CNN. ASA sponsors Senator Brad Hoylman-Sigal and Assemblywoman Linda Rosenthal also said they are exploring a permanent change to the state’s statute of limitations or an extension of the legislation.
