Can I file an Adult Survivors Act claim? Recently, attorneys for columnist Jean Carroll announced to a New York court that their client would be filing suit against former President Donald Trump for sexual battery and intentional infliction of emotional distress under a newly passed New York law. Carroll’s claims arise from an incident wherein Trump allegedly sexually assaulted her in a New York department store in the mid-1990s. She plans to file under New York’s Adult Survivor’s Act (ASA), a new law that permits adult survivors of sexual abuse to file suit against their abusers regardless of when the offense occurred. However, the time to file a New York ASA claim is limited. Therefore, if you are an adult survivor of sexual abuse, you need to know: Can I file an Adult Survivors Act claim?
New York’s Adult Survivors Act
On May 24, 2022, New York’s Adult Survivors Act (ASA) became law. The newly passed legislation creates a one-year look-back window for adult victims of sexual abuse to pursue compensation for their injuries. Before the Adult Survivors Act’s passage and other changes in the law, New York’s statutes of limitations for sexual abuse-related crimes were short, leaving victims an unrealistic amount of time to file suit.
New York lawmakers recognized that these statutes of limitations failed to account for the amount of time a survivor may need to acknowledge and process their trauma. In response, Adult Survivors Act legislation was passed that extended the statute of limitation to twenty years for certain sexual abuse offenses. However, these changes were not retroactive. Consequently, many adult survivors of sexual abuse missed their opportunity to pursue civil remedies against their abusers. The ASA provides a means for adult sexual abuse survivors to file civil lawsuits against their abusers for previously time-barred claims.
Who Can File a Claim Under the Adult Survivors Act?
Survivors who were over 18 when they were sexually assaulted or abused will have one year to file a civil suit against their abuser. The ASA applies to numerous sexual abuse-related crimes. Beginning November 24, 2022, these survivors can bring claims related to incest and sexual abuse offenses defined in Section 130 of the New York Penal Law. In addition, survivors will be permitted to file suit against an abuser or third party for any intentional or negligent acts or omissions causing physical, psychological, or other injuries.
The one-year period to file ASA claims will open on November 24, 2022, and close on November 24, 2023. The Adult Survivors Act window is modeled after the Child Victims Act (CVA)–a New York law that provided survivors of childhood sexual abuse a similar timeframe to file claims against those responsible for their harm.
Sexual Abuse Personal Injuries
Adult sexual abuse survivors can experience a range of injuries, some of which may last for years. In addition to physical trauma, survivors often have to cope with psychological harm that can impact most, if not all, areas of their life. These injuries can manifest physically and emotionally for years.
The consequences of sexual abuse and assault can be severe, and survivors deserve compensation for their injuries. The ASA provides adult survivors with the opportunity to have their day in court and hold their abusers accountable for the harm they inflicted through their abuse. The law also allows adult survivors to pursue remedies against institutions and entities that failed to protect them from suffering sexual abuse personal injuries.
If you have been sexually abused or assaulted, it’s essential that you get the help you need to recover. The sexual abuse injury attorneys of Bonina and Bonina can help. We understand the trauma that can be inflicted by sexual abuse and assault. Our dedicated sexual abuse injury attorneys can help you evaluate your claim and seek the remedies you need to support your healing and well-being.
Contact an Experienced Sexual Abuse Injury Attorney
Every survivor deserves to have the opportunity to hold their abusers accountable. If you’ve been the victim of rape, sexual abuse, or other sexual violence, you want an experienced and compassionate sexual abuse injury attorney on your side. Bonina & Bonina, P.C. understand the importance of helping sexual violence survivors get the help they need for their trauma. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se Habla Español.