November 30, 2022

New York Adult Survivors Act: Lawsuits expected as window for sexual abuse claims opens

4 min read

New York

Adult survivors of sexual abuse can now sue their abusers in New York — even if the statute of limitations on their claims has expired — under a state law that takes effect Thursday.

The new law allows adult survivors of sexual abuse. One year to file suit It also allows people who were sexually assaulted at work or in the care of an institution, such as a hospital or prison, to sue that institution, said Doug Wigdor, the attorney for their perpetrators.

“I think there’s going to be some very interesting cases in employment cases where powerful men, who were supervising women or supervising women, sexually assaulted them and they were the perpetrators,” Vigdor said. Also will be able to hold their employers accountable.” , who represented women. Testified against movie mogul Harvey Weinstein.whose convictions for rape and criminal sexual conduct in New York were upheld this year.

New window to sue in New York gives adult survivors of sexual abuse who may not be able to process what happened to them. More time to find supportsaid Jane Manning, a former sex crimes prosecutor who now heads the state’s Women’s Equal Justice Project.

The move mirrors the Child Victims Act of 2019, which is valid for two years. The limits of the New York law were temporarily extended. Lucian Chalfin, a spokesman for the New York State Office of Court Administration, said that in child sexual abuse cases, about 11,000 suits were filed.

“Sexual assault is a very traumatic crime. Trauma itself takes time,” Manning said. What is Dari like that doesn’t match real sexual assaults in real life?

“Because of this, there are survivors who don’t even identify what happened to them as sexual abuse until some time has passed. And it’s too much to deal with on your own. may be guilty, although this self-blame is completely unnecessary,” he said.

Manning said it’s important to provide adult survivors of sexual assault with an opportunity to seek recourse through the civil justice system, as they are often failed by the criminal justice system.

“Often times in the criminal justice system, we still have a lot of prosecutors who refuse to try sex crime cases just because they think they’re going to be harder to win,” he said. “That’s not a good reason to refuse to prosecute sex crimes. But it’s one reason survivors are still hearing from so many prosecutors.

Attorney Adam Slater said separate lawsuits are expected to be filed under the new law by more than 750 women who allege they were sexually assaulted in New York state prisons.

The custody-guard relationship is one of the most extreme power imbalances that exists today, Slater said. “Under New York State law, a person in correctional custody is legally incapable of consent. Officers and guards in these facilities have an unprecedented arsenal of methods to exert their will over victims: physical restraint; , coercion, withholding privileges and total control over your environment.

New York’s Department of Corrections and Community Supervision has “zero tolerance for sexual assault, sexual harassment, and unauthorized relationships,” the agency said in a statement, noting that it “thoroughly investigates all reports of sexual assault.” conduct, including unauthorized relationships, and retaliation against individuals who report incidents or cooperate with these investigations.

“Staff have an affirmative duty to report any knowledge, suspicion, or information of an incident of sexual assault or harassment, and of any unauthorized relationship,” it said. “Individuals who violate department rules are disciplined by the department and when there is evidence that a crime has been committed, DOCCS prosecutes those cases to the fullest extent permitted by law. referred for criminal proceedings.”

When asked for comment, the New York attorney general’s office referred CNN to the Department of Corrections and Community Supervision.

EJane Carroll, who sued former President Donald Trump for defamation. She said she plans to sue Trump. Under the New York Adult Survivors Act. Carroll alleges that Trump forced her against a dressing room wall at Bergdorf Goodman and sexually assaulted her 27 years ago.

Trump has denied. All charges against it.

More lawsuits are expected from about 40 more women with new claims against Columbia University ophthalmologist Dr. Robert Hayden, said attorney Anthony DiPietro, who has allegedly been sexually assaulted by Hayden. 230 women represented. About 150 of these cases were settled before the Adult Survivors Act came into force.

Hayden is to stand trial next year in New York on six counts of luring and unlawfully sexually assaulting victims in his medical offices, prosecutors have said. Hayden has pleaded not guilty.

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