New York Adult Survivors Act
New law opens one-year “look-back” window for victims of sex abuse to sue their assailants for damages – regardless how long ago the abuse occurred. An experienced attorney from our team at The Bongiorno Law Firm can help you understand your rights as a survivor, file a timely claim under the Act, and maximize your compensation.
Healing from a sexual assault has no universal timeline. For many survivors, it may be years – even decades – before they consider seeking justice through a civil lawsuit against the offender.
Last year, the New York legislature acknowledged this fact and signed into law the New York Adult Survivors Act (S.66A/A.648A). By temporarily suspending the Statute of Limitations, the Act provides an opportunity for survivors of sex abuse to sue the perpetrators for damages – even if their claims would otherwise be time-barred because the abuse happened long ago.
If you or a loved one has been the victim of sexual assault or misconduct, you may be entitled to compensation. The following sections answer some commonly-asked questions about the Adult Survivors’ Act, and who is eligible for relief.
What is considered a sex offense under the New York Adult Survivors Act?
- Victims of many sex crimes – including rape, sexual misconduct, sexual abuse, forcible touching, incest, and sexual assault – may seek compensation under the New York Adult Survivors Act.
- If you have questions about whether a particular act of misconduct, or course of conduct, fits within the New York Adult Survivors Act parameters, please don’t hesitate to contact us at The Bongiorno Law Firm today. Our skilled, knowledgeable attorneys are here to help.
Who can sue under the Act?
- The Act’s benefits extend to anyone who was 18 or older at the time they were sexually assaulted – whether the assault occurred 5, 25, or 50 years ago.
- In particular, the Act provides an opportunity for victims whose claims would otherwise be barred by the applicable Statute of Limitations to obtain the compensation they deserve.
Who can be sued under the New York Adult Survivors Act?
- Claims can be brought against individual perpetrators of sexual assault or misconduct, as well as (in some cases) institutions which enabled it.
- For example, if your employer failed to take adequate steps to prevent or address sexual assault, they may be liable for damages.
- Similarly, if you suffered sexual abuse while incarcerated at a New York correctional facility, both the organization and perpetrators could be found responsible.
When is the deadline to file a claim?
- The New York Adult Survivors Act one-year period expires on November 23, 2023.
- While your lawsuit need not be completed by this date, this is a firm deadline for commencing your case. Any claim filed after the one-year period is subject to regular Statute of Limitations laws, and may be rejected as time-barred.
The New York Adult Survivors Act marks a milestone in the fight against sexual violence in New York. It presents a chance to hold perpetrators accountable and to obtain long-overdue compensation for victims. The Act acknowledges that all victims of sex abuse deserve their day in court, and the opportunity to recover damages – regardless when they decide to pursue their claims.
Unfortunately, the window of opportunity provided by the New York Adult Survivors Act will not last forever. Any claim must be initiated by November 23, 2023; otherwise the regular Statute of Limitations will apply.
If you or a loved one has been the victim of sexual violence, we encourage you to reach out to us at The Bongiorno Law Firm today.
Our consultations are always free, confidential, and no-commitment. They can be conducted virtually, in-person, or over the phone.
While the choice to pursue a sexual assault claim is a deeply personal one, at The Bongiorno Law Firm we have the knowledge, experience, and compassion to maximize your compensation and fight for your rights, every step of the way.
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