Beyond Time Limits: How New York’s ASA Empowered Sexual Abuse Survivors

The Adult Survivors Act (ASA), signed into law in New York in 2022, was a significant piece of legislation aimed at providing justice for survivors of sexual abuse. The ASA temporarily removed the state’s statute of limitations for a year, enabling adults to file civil lawsuits for sexual misconduct incidents, irrespective of when they happened. This suspension allowed many survivors, previously barred by time limits, to pursue legal action and seek justice.

The ASA was modeled after New York’s 2019 Child Victims Act, which provided a similar lookback window for survivors of childhood sexual abuse. Notably, the ASA allowed legal actions not only against individual abusers but also against institutions that might have protected them, expanding the opportunities for justice and accountability. This aspect of the law was important, as it acknowledged the role that various organizations and entities might have played in enabling abuse or failing to prevent it.

“The journey towards healing and justice is far from over, but New York’s Adult Survivors Act has undoubtedly paved the way for more compassionate and responsive legal frameworks in the future,” said Karen Barth Menzies, the attorney behind KBM Law, a woman-led firm.

With the expiration of the ASA on November 23, 2023, survivors who did not file within the one-year window now face the standard statute of limitations for civil suits related to sexual offenses in New York. However, the implementation of the ASA and the cases it enabled have set a precedent. This has encouraged other states to consider similar laws, creating new opportunities for acknowledging and addressing sexual abuse cases that were previously limited by time constraints.

Options For Survivors Still Exist

For survivors seeking justice post the expiration of the ASA, traditional legal avenues within the existing statutes of limitations remain one method. Survivors can still file criminal charges or civil lawsuits within the timeframe allowed by the law.

“While survivors can file criminal charges if they are within the appropriate statute of limitations, they relinquish most of their influence over the case once it begins,” Karen said. “But in a civil case, the survivor has autonomy and gets to make all the choices about what to do.”

Other Avenues For Justice

At KBM Law we recognize that sexual assault is personal and private; not every survivor wants to seek justice in a courtroom. Sometimes a single private and confidential conversation is enough to help someone. We have worked with survivors to connect and find support from various non-profit organizations and advocacy groups that provide counseling and other forms of assistance.

The ASA has not only opened doors for legal recourse but has also sparked a broader conversation about the complexities of sexual abuse and the need for supportive communities and comprehensive legal solutions. Though the window to file has closed in New York, its influence reverberates, encouraging survivors and advocates alike to continue their pursuit of justice and healing.

Recent Headlines: