WHAT IS THE ADULT SURVIVORS ACT?

Modeled after the Child Victims Act, the Adult Survivors Act opens a one-year window during which adult survivors of sexual violence whose cases had been previously barred by the statute of limitations can bring their cases in civil court against their abusers or any individuals or institutions that enabled their abuses.

A statute of limitations is a law which sets the maximum time in which parties involved have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal. Each state has a different statute of limitations for different sexual offenses. To look up the current statute of limitations in your state, click here to see a list of statutes of limitations by state on RAINN’s site.

In the state of New York, rape in the first degree has no statute of limitations. Rape in the second degree and criminal sexual act in the second degree have a statute of limitations of 20 years. Rape in the third degree and criminal sexual act in the third degree have a statute of limitations of 10 years. Please note: Even if you believe the statute of limitations on your assault has expired, there are many exceptions to these general laws, and an attorney should always be consulted about your legal options.

Many people understand why the Child Victims Act was necessary but assume that adults don’t need as much time to report sexual violence they experience. This is a misconception. According to RAINN, the vast majority of sexual violence incidents are never reported to police. This is especially true of women ages 18-35 attending a college. For many survivors the same factors that might have prevented them from reporting as children prevent them from reporting as adults.

Many survivors are afraid of the consequences of reporting, backlash from their communities, not being believed, losing opportunities they’ve worked hard for, or have been implicitly or explicitly threatened by their abusers. Many needed more time than the law previously allowed to process and heal from the trauma of their assault before they could pursue a case against their assailant.

The Adult Survivors Act reflects an acknowledgement of the realities and lived experiences of survivors of adult sexual violence, and rights a historic wrong against survivors who were previously barred by New York’s shallow statute of limitations.

A criminal case is a case brought by the state against someone who committed a crime. The accused is held accountable by the state, and if found guilty can face jail time or other denials of their liberties. Because the penalties involve denials of liberties, the burden of proof is very high—beyond a reasonable doubt.

A civil case is where the perpetrator or any other responsible parties are held responsible directly by the victim, and must make reparation directly to the victim. If found guilty in a civil trial, a defendant would have to pay the victim for the damage caused, and can also be subject to other non-monetary conditions. Because the penalties are monetary and don’t involve the denial of any liberties, the burden of proof is lower than in criminal cases—to a preponderance of the evidence.

Even if your assailant is dead you can still sue their estate. If any other individuals or institutions were responsible for enabling the abuse they can also be sued under the Adult Survivors Act.

If you contact us we can put you in touch with an attorney who can best advise you.