When does the Adult Survivors Act go into effect?

The ASA goes into effect on November 24, 2022, and gives survivors of sexual misconduct for whom the statute of limitations has passed the opportunity to file a claim for exactly one year, up to November 23, 2023.

What happens at the end of the one-year filing period set by the Adult Survivors Act?

On November 23, 2023, the Adult Survivors Act expires. Once the Adult Survivor Act expires on November 23, 2023, adult survivors will no longer be able to file their time-barred claims in court.

What is the statute of limitations?

The statute of limitations is a law that limits how long after an incident a lawsuit can be filed.

Who is eligible to bring a claim under the Adult Survivors Act?

Anyone who is a survivor of a sex offense specified in the Adult Survivors Act and was 18 or older when the offense occurred is eligible.

Who Can Be Sued Under the Adult Survivors Act?

You can sue the individual who assaulted or harmed you and you may be able to sue other persons or entities that helped the perpetrator victimize you, directly or indirectly. For example, if the harm that you experienced was related to your employment, you may be able to sue the company that employed you. If the sexual misconduct occurred at work, there are also sexual harassment and employment discrimination laws that can be the basis for a lawsuit. There are a multitude of factual scenarios in which organizations, employers, schools or other entities may be held responsible for what happened to you, in addition to the perpetrator. We are happy to answer any questions about your specific experience.

What is the difference between the Adult Survivors Act and the Child Victims Act?

The Adult Survivors Act was inspired by the Child Victims Act. Like the Child Victims Act, the Adult Survivors Act “revives” civil claims that are past the statute of limitations by opening a window of time during which survivors can still file those claims. The Adult Survivors Act applies to survivors who were 18 or older at the time they were harmed, whereas the Child Victims Act applies to survivors who were less than 18 at the time.

What sex offenses qualify under the Adult Survivors Act?

The Adult Survivors Act applies to the approximately 20 crimes that are established in New York Penal Law Article 130. They include forcible touching, sexual assault and rape. Although the conduct must involve physical touching, the Adult Survivors Act covers numerous offenses other than rape. If you are unsure whether what happened to you constitutes a sexual offense or crime that qualifies for the Adult Survivors Act, speak confidentially to an attorney with experience in sexual offenses. Please call 212-257-6800 for more information.

Can I file a claim under the Adult Survivors Act even if I did not pursue criminal charges when it happened? And am I required to file criminal charges if I want to file a claim under the Adult Survivors Act?

There is no requirement that you pursued criminal charges at the time of the abuse or that you file criminal charges now.