Yesterday, California sentenced Harvey Weinstein to 16 years in prison. New York sentenced Weinstein to serve 23 years previously. Weinstein’s treatment of women fueled the #MeToo movement in 2017, and the passage of the NYS Adult Survivors Act (S.66A/A.648A)(“ASA“) in 2022. Now, Plaintiffs may sue their abusers and any organization that knew or should have known about the abuse and did not stop it from 11/24/2022-11/24/2023. Read on for more details about the NYS ASA.
Who Can Sue Under the NYS Adult Survivors Act?
Anyone who was at least 18 when they were allegedly victimized may sue under the ASA. Under the ASA, plaintiffs are not limited to suing their abusers. Plaintiffs may also sue organizations that knew or should have known about the offense, and failed to stop or prevent the offense. Examples of organizations are employers, churches, universities, hospitals, and government affiliates.
How Does The NYS Adult Survivors Act Work?
The ASA does for adults what the Child Victims Act did for kids by suspending the statute of limitations for lawsuits by alleged victims. There are no criminal penalties under the ASA. Instead, plaintiffs can only ask the court to order the defendant(s) to pay them money. Now, anyone who was allegedly sexually abused as an adult who could not sue before because their case was too old has an entire year to file a case regardless of how old the case is.
When Can Someone Sue Under the NYS Adult Survivors Act?
Plaintiffs may sue their abusers and any organization that should have known about the abuse and did not stop it from 11/24/2022-11/24/2023.
Why Pass the NYS Adult Survivors Act?
Previously, beginning on September 18, 2019, the NYS Legislature extended the statute of limitations for civil claims based on sex crimes to twenty years in CPLR 213-c. Before that the statute of limitations for civil claims based on sex crimes in 213-c was five years. So, if you had been assaulted on or after September 18, 2014, the updated CPLR 213-c would allow you to make a claim until September 18, 2034. But if you were assaulted on September 17, 2014, your claim expired on September 17, 2019. The ASA remedies this by adding CPLR 214-j. CPLR 214-j allows anyone who has allegedly suffered a sex offense on or before September 17, 2014 to come forward and make a claim against their alleged abuser also.
Which Sex Offenses Does the NYS Adult Survivors Act Cover?
- § 130.20. Sexual misconduct
- § 130.25. Rape in the third degree
- § 130.30. Rape in the second degree
- § 130.35. Rape in the first degree
- § 130.40. Criminal sexual act in the third degree
- § 130.45. Criminal sexual act in the second degree
- § 130.50. Criminal sexual act in the first degree
- § 130.52. Forcible touching
- § 130.53. Persistent sexual abuse
- § 130.55. Sexual abuse in the third degree
- § 130.60. Sexual abuse in the second degree
- § 130.65. Sexual abuse in the first degree
- § 130.65-a. Aggravated sexual abuse in the fourth degree
- § 130.66. Aggravated sexual abuse in the third degree
- § 130.67. Aggravated sexual abuse in the second degree
- § 130.70. Aggravated sexual abuse in the first degree
- § 130.85. Female genital mutilation
- § 130.90. Facilitating a sex offense with a controlled substance
- § 130.91. Sexually motivated felony
- § 130.95. Predatory sexual assault
- § 255.26. Incest in the second degree
- § 255.27. Incest in the first degree
If you are considering suing someone for a sexual offense in New York State or if you have been sued in New York State for a sexual offense, please reach out for a free consultation.