Can’t Stop, Won’t Stop: New York’s Adult Survivors Law Explained
Puff Daddy.
P. Diddy.
Diddy.
Brother Love.
Whatever moniker you know Sean Combs by, you’ve surely heard his name lately. On November 17, 2023, 2000s era pop singer Cassie Ventura filed a civil lawsuit against Combs. The suit alleged that during their relationship, the mogul known for founding the 1990s juggernaut Bad Boy Records allegedly subjected her to physical violence, forced her to have intercourse with sex workers for his entertainment, and raped her. As quick as the suit was filed though, it was swiftly settled the next day for an undisclosed amount and with Puff wishing Cassie “the best”.
As fellow rapper 50 Cent predicted, Cassie wouldn’t be the only woman to come forth with allegations against Combs.
“LOL 😆 He paid that money real quick, should have done that before the sharks saw the blood in the water and here they come in 5, 4, 3, 2, 1 every woman he put his hand on,”
Just as Fiddy predicted, more lawsuits were right around the corner for Combs as on November 23rd, 2023, Joi Dickerson-Neal filed a complaint with the New York Supreme Court. The California woman states that she met Combs in 1991 when she was a student at Syracuse University. She claims that during a dinner she had with Combs, the CEO drugged her, sexual assaulted her, recorded the assault, and then shared the footage with friends.
A third complaint was filed on November 24th, 2023, by an anonymous woman, claiming that Combs and R&B singer Aaron Hall took turns raping her and a friend in either 1990 or 1991.
As with most sex offense cases brought years after the alleged assault, many ask “why file this case now instead of when it first happened?”
“How is it even possible to seek judicial relief so long after the incident?”
Your friendly neighborhood Title IX Guy has answers.
The Child Victims Act
Prior to 2019, victims of child sexual abuse in New York had a window of one to five years (which would start after the victim turned eighteen) in which they could file a civil lawsuit against their abuser. Of course, there has always been difficulty for survivors of child sexual abuse to come forward due to the trauma that comes with such abuse. As such, by the time the victim was ready to bring a claim for monetary damages, the window would have closed.
In 2019, New York passed the Child Victims Act (CVA) which extended the statute of limitations for civil claims, allowing victims to file claims up to the age of 55 years old. Another crucial piece of this legislation allowed victims who were unable to file a lawsuit under the old law, to have a one year “look back” period during which they could file a civil claim.
The “look back” period proved to be popular as approximately 10,000 suits were filed by the August 2021 deadline, calling for civil penalties against Catholic clergy, the Boys Scouts of America, and thousands of coaches, teachers, health care workers, and family members.
With the CVA as its blueprint, New York was ready to introduce…
The Adult Survivors Act
In 2019, New York extended its statute of limitations for reporting second-degree rape to 20 years and third-degree rape to 10 years from the previous five years. While this extension was welcomed, it wasn’t retroactive. And as advocates again pointed out, there are many reasons why a victim may choose to not report a sexual assault when it initially happens. Dr. Karen Stollznow of the University of California, Berkeley states that not immediately reporting sexual assault is a common phenomenon. She says:
Some women don’t come forward because of a fear of hostile reactions from the public. In occurrences of sexual assault, it is ironically the victim who is held up to scrutiny. When a woman stands up to accuse a man, she is labeled a “slut”, or it’s said that “she asked for it.” Sexual harassment and assault are often denied, and in many instances, the victim is accused of lying, having false memories, seeking fame, or chasing after his money. Women can be reluctant to report sexual assault because of a fear of retribution. Abuses are often made by men in a position of power, by their bosses and senior colleagues, while reporting them can lead to further harassment, the victim’s demotion, or even dismissal.
Male victims of sexual abuse face unique masculinity barriers that may prevent reporting at the time of the incident. Experts highlight concerns and questions about sexual orientation, feeling like “less of a man”, and feeling a sense of shame for not being able to stop the assault as reasons for male hesitation in reporting.
Democratic Senator Brad Hoylman-Sigal (the sponsor of the CVA) agreed with these experts, stating,
“For too long, justice has been out of reach for adult survivors of sexual crimes. Survivors have experienced horrific trauma and abuse, and many do not immediately come forward — they deserve our support whenever they decide they are ready to pursue justice.”
As such, Hoylman-Sigel, alongside Assembly Member Linda B. Rosenthal, sponsored the Adult Survivors Act (ASA). Like his previous bill, the ASA would provide victims with a one year “look back” period to bring a civil suit against an individual or institution for their past abuse that occurred after age 18.
Though the Act stalled in the Assembly in 2021, the ASA passed both the State Senate and the Assembly with a vote of 140–3 in May of 2022. Of the ASA’s victorious passing, Senator Hoylman- Sigal said:
“Adult survivors of serial sexual assaulters like Harvey Weinstein, Jeffrey Epstein and former OB-GYN Robert Hadden have been shut out of our courthouses by inadequate statutes of limitations. That ends now. In 2019 we passed the Child Victims Act, which has helped more than 6,000 sexual assault survivors seek justice. The Adult Survivors Act extends that exact same opportunity to thousands more survivors, letting them hold their predators accountable in court. For far too long our justice system has failed survivors of sexual assault, the passage of the Adult Survivors act is a powerful step to fix that historic wrong.”
With a signature from Governor Kathy Hochul, the one year “look back” period was set to start on November 24, 2022, and end the same day, the following year.
Victims wasted no time at all.
Fish in the Net
On the very day that the ASA took effect, journalist Elizabeth Jean Carol sued former President Donald Trump for battery under the Act. Specifically, the suit claimed that in the mid 1990s, Trump attacked Carol inside a dressing room in the lingerie department of a department store, where he “seized both of her arms” and then “jammed his hand under her coatdress and pulled down her tights.” After unzipping his pants, “Trump then pushed his fingers around Carroll’s genitals and forced his penis inside of her.” In addition to the sexual assault itself, the suit also sought defamation damages for Trump accusing Carol of promoting a hoax and stating that the journalist “wasn’t his type.” After three hours of deliberation on May 9th, 2023, a jury found Trump liable for battery and defamation. Carol was awarded a total of $5 million and the twice impeached former president was able to add another “first” to his resume.
Since then, numerous lawsuits have been filed before the Act’s 2023 expiration with the list of defendants mirroring a Met Gala invitation roll. Oscar winner Cuba Gooding Jr was sued by two separate women for alleged groping and forced kissing at two separate incidents in New York in 2018 and 2019, respectfully.
Guns N’ Roses singer, Axel Rose, was sued by former model Sheila Kennedy for an alleged 1989 sexual assault in Rose’s hotel room, after meeting him in a New York nightclub.
Five women sued Bill Cosby alleging sexual assault, battery and false imprisonment that went back as far as 1969.
Defamed fashion photographer Terry Richardson, was sued twice by models, Minerva Portillo and Caron Bernstein, claiming that in 2004 and 2003 respectfully, Richardson forced them into performing oral sex on him, photographed the assault, and then published the photos in his 2006 book titled, Kibosh.
A lawsuit was filed against New York City Mayor Eric Adams, alleging that Adams sexually assault the plaintiff in 1993. And on the very last day of the ASA’s window, former New York Governor Andrew Cuomo was sued by former aide, Brittany Commisso, for an alleged groping in 2020.
As of November 24, 2023, it is estimated that at least 2,500 cases were filed.
Extension?
Though filed, the cases must work their way through the justice system. Some may be settled. Some may be dismissed. Some may result in victory for the plaintiff. Regardless, advocates are classifying the ASA as a victory for survivors. Liz Roberts, CEO of the New York victim’s advocacy group Safe Horizon, stated:
“What we have learned is that trauma takes time – that when you’ve experienced a sexual assault, especially by somebody who was in a position of power, you may not be able to take action right away, that you need time to process what’s happened to you, and you need time to get support around you if you are going to pursue some kind of legal action.”
Advocates are also pushing for an extension to the Act’s “Look Back” window, which is a push that both Hoylman-Sigal and Rosenthal are in support of. As the initial window came to a close, Rosenthal stated that she had heard from many survivors stating that they had only recently heard of the Act and didn’t have enough time to file a suit. She also stated that many attorneys have told her that the one-year window simply wasn’t enough time. Hoylman-Sigal states that he is in early talks with other law makers about extending the window and as well as exploring a permanent change to New Yorks statute of limitations.
While an extension of the ASA would undoubtedly lead to more cases filed, a permanent change in the statute of limitations could serve as a major deterrent. A legislative change of this nature sends the message that the passage of time will no longer serve as a sexual assault “get out of jail free card.” High powered offenders who prey on victims they deem as weak or without the resources to respond would no longer be able to run out the clock on accountability.
And perhaps New York’s law has the ability to serve as a blueprint for other states to follow. As of this writing, New Jersey is the only other state that has utilized a “Look Back Period” for civil sexual assault cases, theirs lasting two years from 2019 to 2021. But could you imagine a Californian “Look Back Period?” If New York’s ASA unearthed 2,500 complaints, imagine the number of cases that would come from the home of Hollywood?
Hopefully more state legislators will consider “Look Back Periods” and send the needed message that accountability should not have an expiration date.
