Because sexual assault covers a wide range of circumstances, the recovery period can vary significantly from person to person. While some may be able to report the assault immediately, others may take years to even be able to say that it happened out loud. This can be due to a variety of reasons including fear of retaliation, social consequences, revisiting trauma and more. Allowing victims the space they need is a necessary part of the recovery process. But if the victim chooses to seek legal recourse, there is only a certain amount of time to do that due to the statute of limitations. Previously, victims in New York had 20 years to report a rape and 10 years for assault as of 2019. But this year, the state took its fight against sexual violence one step further.
On May 24th, 2022, New York Governor Kathy Hochul signed the Adult Survivor’s Act into law, establishing a one-year window for survivors to bring claims against abusers without the limits of the statute of limitations. The bill will go into effect on November 24th, 2022 and will allow victims to press charges that were previously timebound until November 24th, 2023. The law allows for claims to be asserted against the individual perpetrator as well as companies or institutions.
The Adult Survivors Act covers nearly all sexual offenses defined in the New York State Penal Code.
We here at Wigdor LLP have been staunch advocates for the passage of the ASA for years and applaud the New York State Assembly for giving survivors a chance to even the playing field. Our firm has vast experience in representing victims of sexual assault and harassment and we encourage survivors to take this opportunity to be properly compensated for their suffering. If you or a loved one are a sexual assault survivor in New York who was unable to file a claim due to time constraints, or are just looking for a place to start, we are here to help make things right.
Call (212) 257-6800 or complete the form below to speak with a lawyer.