Jump to content

Adult Survivors Act: Difference between revisions

Edit links
From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
→Notable cases: add, copy edits, condense
Line 29: Line 29:


== Notable cases ==
== Notable cases ==
By May 2023, roughly halfway through the lookback period, about 130 civil lawsuits were filed under the ASA, according to statistics from the [[New York State Office of Court Administration]].<ref name=Murphy/> The number of ASA suits filed is lower than the number of Child Victims Act suits filed.<ref name=Saul/>
Roughly halfway through the lookback period, relatively few civil lawsuits had been filed under the ASA.<ref name=Murphy/><ref name=Saul/> However, by the time the "lookback period" established by the ASA expired in November 2023, more than 2,500 suits had been filed under the act.<ref name=Luscombe>Richard Luscombe, [https://www.theguardian.com/us-news/2023/nov/20/new-york-adult-survivors-act-law-expires-trump-diddy-bill-cosby The law that launched 2,500 sex abuse suits and felled celebrities is expiring], ''The Guardian'' (November 20, 2023).</ref>


On the day the law took effect, writer [[E. Jean Carroll]] filed [[E. Jean Carroll v. Donald J. Trump|a suit against businessman and politician Donald Trump]], the U.S. president, for [[defamation]] and [[Battery (tort)|battery]].<ref name=":0">{{Cite web |last=Scannell |first=Kara |date=2022-11-24 |title=E. Jean Carroll sues Trump for battery and defamation as lookback window for adult sex abuse survivors' suits opens in New York |url=https://www.cnn.com/2022/11/24/politics/e-jean-carroll-trump-battery-defamation-lawsuit/index.html |access-date=2023-02-28 |website=[[CNN]] |language=en}}</ref> On May 9, 2023, a jury in a Manhattan federal court found that Trump defamed and [[Sexual abuse|sexually abused]] Carroll, ordering Trump to pay her $5 million in damages.<ref>{{cite news|url=https://www.reuters.com/legal/jurors-set-deliberate-civil-rape-case-against-donald-trump-2023-05-09/|title=Jury finds Trump sexually abused writer E. Jean Carroll, awards her $5 mln|first1=Jack|last1=Queen|first2=Luc|last2=Cohen|publisher=Reuters|date=May 9, 2023|accessdate=May 9, 2023}}</ref>
On the day the law took effect, writer [[E. Jean Carroll]] filed [[E. Jean Carroll v. Donald J. Trump|a suit against businessman and politician Donald Trump]], the U.S. president, for [[defamation]] and [[Battery (tort)|battery]].<ref name=":0">{{Cite web |last=Scannell |first=Kara |date=2022-11-24 |title=E. Jean Carroll sues Trump for battery and defamation as lookback window for adult sex abuse survivors' suits opens in New York |url=https://www.cnn.com/2022/11/24/politics/e-jean-carroll-trump-battery-defamation-lawsuit/index.html |access-date=2023-02-28 |website=[[CNN]] |language=en}}</ref> On May 9, 2023, a jury in a Manhattan federal court found that Trump defamed and [[Sexual abuse|sexually abused]] Carroll, ordering Trump to pay her $5 million in damages.<ref>{{cite news|url=https://www.reuters.com/legal/jurors-set-deliberate-civil-rape-case-against-donald-trump-2023-05-09/|title=Jury finds Trump sexually abused writer E. Jean Carroll, awards her $5 mln|first1=Jack|last1=Queen|first2=Luc|last2=Cohen|publisher=Reuters|date=May 9, 2023|accessdate=May 9, 2023}}</ref>
Line 35: Line 35:
In 2022, five women used the ASA to sue NBC and [[Bill Cosby]]; in the complaint, the women sued Cosby for assault, battery, [[false imprisonment]], and [[intentional infliction of emotional distress]], and sued NBC (which at the time produced ''[[The Cosby Show]]'') for negligence. The women allege that [[Bill Cosby sexual assault cases|Cosby sexually assaulted them]] at various points from 1969 to 1992.<Ref>Shawna Chen, [https://www.axios.com/2022/12/06/bill-cosby-sexual-assault-lawsuit-new 5 women sue Bill Cosby, NBC over sexual assault under Adult Survivors Act], ''Axios'' (December 6, 2022).</ref><ref>Eric Levenson, [https://www.cnn.com/2022/12/06/entertainment/bill-cosby-lawsuit-ny/index.html 5 women sue Bill Cosby for sexual assault and abuse under new NY lookback law], CNN (December 6, 2022).</ref>
In 2022, five women used the ASA to sue NBC and [[Bill Cosby]]; in the complaint, the women sued Cosby for assault, battery, [[false imprisonment]], and [[intentional infliction of emotional distress]], and sued NBC (which at the time produced ''[[The Cosby Show]]'') for negligence. The women allege that [[Bill Cosby sexual assault cases|Cosby sexually assaulted them]] at various points from 1969 to 1992.<Ref>Shawna Chen, [https://www.axios.com/2022/12/06/bill-cosby-sexual-assault-lawsuit-new 5 women sue Bill Cosby, NBC over sexual assault under Adult Survivors Act], ''Axios'' (December 6, 2022).</ref><ref>Eric Levenson, [https://www.cnn.com/2022/12/06/entertainment/bill-cosby-lawsuit-ny/index.html 5 women sue Bill Cosby for sexual assault and abuse under new NY lookback law], CNN (December 6, 2022).</ref>


Almost a thousand imprisoned and formerly imprisoned women in New York have filed claims under the ASA, alleging that [[Prison rape|guards raped or sexually abused them in prisons and jails]]. A significant proportion of these ASA claims were raised by former inmates of the [[Bayview Correctional Facility]], which was closed in 2012. A federal survey in 2008 and 2009 found that Bayview had one of the U.S.'s highest rates of prison staff-perpetrated sexual abuse.<ref>Molly Hagen, [https://theappeal.org/new-york-adult-survivors-act-women-prisons/ New York's Imprisoned Women Brave Risks to Sue Sexual Abusers Under New Law], ''The Appeal'' April 18, 2023.</ref>
Complaints against the State under the ASA are filed in the [[New York Court of Claims]]; as of November 17, 2023, 1,469 claims had been filed in the Court of Claims, mostly naming the [[New York State Department of Corrections and Community Supervision]] as a defendant.<ref name=Lim>Clarissa-Jan Lim, [https://www.msnbc.com/msnbc/msnbc/cassie-sean-combs-lawsuit-adult-survivors-act-rcna125701 How an expiring law helped Cassie’s lawsuit against Sean Combs happen], MSNBC (November 13, 2023).</ref> The many imprisoned and formerly imprisoned women in New York who filed claims under the ASA alleged that [[Prison rape|guards raped or sexually abused them in prisons and jails]]. A significant proportion of these ASA claims were raised by former inmates of the [[Bayview Correctional Facility]], which was closed in 2012. A federal survey in 2008 and 2009 found that Bayview had one of the U.S.'s highest rates of prison staff-perpetrated sexual abuse.<ref>Molly Hagen, [https://theappeal.org/new-york-adult-survivors-act-women-prisons/ New York's Imprisoned Women Brave Risks to Sue Sexual Abusers Under New Law], ''The Appeal'' April 18, 2023.</ref>


In May 2023, an ex-employee of former New York mayor [[Rudy Giuliani]] sued him for alleged sexual battery.<ref>{{Cite web |last=Klasfeld |first=Adam |date=May 15, 2023 |title=Donald Trump crony Rudy Giuliani faces sexual abuse lawsuit using same law that scored E. Jean Carroll $5M against ex-president |url=https://lawandcrime.com/high-profile/f-me-like-crazy-donald-trump-crony-rudy-giuliani-faces-sexual-abuse-lawsuit-using-same-law-that-scored-e-jean-carroll-5m-against-ex-president/ |access-date=May 15, 2023 |website=[[Law & Crime]] |language=en}}</ref>
In May 2023, an ex-employee of former New York mayor [[Rudy Giuliani]] sued him for alleged sexual battery.<ref>{{Cite web |last=Klasfeld |first=Adam |date=May 15, 2023 |title=Donald Trump crony Rudy Giuliani faces sexual abuse lawsuit using same law that scored E. Jean Carroll $5M against ex-president |url=https://lawandcrime.com/high-profile/f-me-like-crazy-donald-trump-crony-rudy-giuliani-faces-sexual-abuse-lawsuit-using-same-law-that-scored-e-jean-carroll-5m-against-ex-president/ |access-date=May 15, 2023 |website=[[Law & Crime]] |language=en}}</ref>


In October 2023, singer [[Cassie Ventura]] sued [[Sean "Diddy" Combs]] under the Act, alleging that Combs abused her in 2005. One day after the complaint was filed, the parties settled the suit on undisclosed terms; Combs did not admit any wrongdoing.<ref name=Luscombe/><ref name=Lim/>
⚫
On November 22, 2023, musician [[Axl Rose]] was sued by former [[Penthouse (magazine)|Penthouse]] Pet, model, and actress [[Sheila Kennedy]], who is claiming that he sexually assaulted her in his hotel room after meeting him in a New York nightclub in 1989. Kennedy previously mentioned being assaulted by Rose in her 2016 memoir ''No One's Pet'' and in the 2021 documentary ''[[Look Away (2021 film)|Look Away]]'', which covered women who claimed to be sexually abused in the music industry. Rose's attorney said the claim is "fictional" and that Rose has no recollection of ever meeting or spending time with Kennedy.<ref>{{cite web|url=https://abcnews.go.com/GMA/Culture/guns-roses-singer-axl-rose-accused-alleged-1989/story?id=105109739|title=Guns N' Roses singer Axl Rose accused of alleged 1989 sexual assault by former model|author=Lances, Jill; Blackwelder, Carson; and Bernabe, Angeline Jane|website=ABC News|date=November 22, 2023}}</ref>
⚫
In November 2023, musician [[Axl Rose]] was sued by [[Sheila Kennedy]], who alleged that Rose sexually assaulted her in 1989. Kennedy previously mentioned being assaulted by Rose in her 2016 memoir ''No One's Pet'' and in the 2021 documentary ''[[Look Away (2021 film)|Look Away]]'', which covered women who claimed to be sexually abused in the music industry. Rose denied the claim.<ref>{{cite web|url=https://abcnews.go.com/GMA/Culture/guns-roses-singer-axl-rose-accused-alleged-1989/story?id=105109739|title=Guns N' Roses singer Axl Rose accused of alleged 1989 sexual assault by former model|author=Lances, Jill; Blackwelder, Carson; and Bernabe, Angeline Jane|website=ABC News|date=November 22, 2023}}</ref>


== References ==
== References ==

Revision as of 02:52, 23 November 2023

Adult Survivors Act
New York State Legislature
Full nameAN ACT to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; and to amend the judiciary law, in relation to directing the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions
IntroducedJanuary 6, 2021
Assembly votedMay 23, 2022
Senate votedApril 26, 2022
Signed into lawMay 24, 2022
Sponsor(s)Senator Brad Hoylman
GovernorKathy Hochul
CodeCivil Practice Law and Rules
Section214-j
ResolutionS66A
Associated billsA648A
WebsiteText of the bill
Status: Current legislation

The Adult Survivors Act (ASA) is New York State legislation enacted in May 2022 which amends state law to allow alleged victims of sexual offenses for which the statute of limitations has lapsed to file civil suits for a one-year period, from November 24, 2022, to November 24, 2023. The act thus expands the ability of plaintiffs to sue for sexual assault and unwanted sexual contact in the workplace.[1]

Background and enactment

Before 2019, a three-year statute of limitations applied to civil suits for sexual misconduct in New York. In 2019, New York extended the statute of limitations for civil suits arising from sex crimes against adults to 20 years, but this extension was not retroactive.[2]

In 2022, the ASA was enacted. The bill was sponsored by state Senator Brad Hoylman and Assemblymember Linda Rosenthal.[3] It unanimously passed the Senate in April 2022, passed the Assembly on a 140–3 vote in May 2022,[4] and was signed into law by Governor Kathy Hochul.[5]

Provisions

The ASA amended New York's Civil Practice Law and Rules to allow alleged victims of sexual offenses for which the statute of limitations had lapsed to file civil suits for a one-year period (the "lookback window"), from November 24, 2022, to November 24, 2023.[1][6] The ASA is modeled after the New York Child Victims Act of 2019, which established a one-year window (later extended by an additional year) for victims of child sexual abuse to sue, raising claims that otherwise would have been barred by the statute of limitations.[2]

Notable cases

Roughly halfway through the lookback period, relatively few civil lawsuits had been filed under the ASA.[2][6] However, by the time the "lookback period" established by the ASA expired in November 2023, more than 2,500 suits had been filed under the act.[7]

On the day the law took effect, writer E. Jean Carroll filed a suit against businessman and politician Donald Trump, the U.S. president, for defamation and battery.[8] On May 9, 2023, a jury in a Manhattan federal court found that Trump defamed and sexually abused Carroll, ordering Trump to pay her $5 million in damages.[9]

In 2022, five women used the ASA to sue NBC and Bill Cosby; in the complaint, the women sued Cosby for assault, battery, false imprisonment, and intentional infliction of emotional distress, and sued NBC (which at the time produced The Cosby Show) for negligence. The women allege that Cosby sexually assaulted them at various points from 1969 to 1992.[10][11]

Complaints against the State under the ASA are filed in the New York Court of Claims; as of November 17, 2023, 1,469 claims had been filed in the Court of Claims, mostly naming the New York State Department of Corrections and Community Supervision as a defendant.[12] The many imprisoned and formerly imprisoned women in New York who filed claims under the ASA alleged that guards raped or sexually abused them in prisons and jails. A significant proportion of these ASA claims were raised by former inmates of the Bayview Correctional Facility, which was closed in 2012. A federal survey in 2008 and 2009 found that Bayview had one of the U.S.'s highest rates of prison staff-perpetrated sexual abuse.[13]

In May 2023, an ex-employee of former New York mayor Rudy Giuliani sued him for alleged sexual battery.[14]

In October 2023, singer Cassie Ventura sued Sean "Diddy" Combs under the Act, alleging that Combs abused her in 2005. One day after the complaint was filed, the parties settled the suit on undisclosed terms; Combs did not admit any wrongdoing.[7][12]

In November 2023, musician Axl Rose was sued by Sheila Kennedy, who alleged that Rose sexually assaulted her in 1989. Kennedy previously mentioned being assaulted by Rose in her 2016 memoir No One's Pet and in the 2021 documentary Look Away, which covered women who claimed to be sexually abused in the music industry. Rose denied the claim.[15]

References

  1. ^ a b Haigh, Emily; Messinger, Liran (February 22, 2023). "New York Eliminates Time Limitations for Sexual Assault Claims". SHRM. Retrieved March 1, 2023.
  2. ^ a b c Kate Murphy, New York law gives adult sex abuse survivors more time to sue. But does it go far enough?, Yahoo News (May 10, 2023).
  3. ^ Kate Lisa, New York Assembly secures votes to pass Adult Survivors Act, Spectrum News (May 2022).
  4. ^ Grace Ashford, New York Will Allow Adult Victims to Revive Decades-Old Sex Abuse Claims, New York Times (May 23, 2022).
  5. ^ Governor Hochul Signs Adult Survivors Act, Office of the Governor, New York (May 24, 2022).
  6. ^ a b Emily Saul, Adult Survivors Act Hasn't Created a Surge of Claims, With Just Dozens Filed in NY, New York Law Journal (February 17, 2023).
  7. ^ a b Richard Luscombe, The law that launched 2,500 sex abuse suits and felled celebrities is expiring, The Guardian (November 20, 2023).
  8. ^ Scannell, Kara (November 24, 2022). "E. Jean Carroll sues Trump for battery and defamation as lookback window for adult sex abuse survivors' suits opens in New York". CNN. Retrieved February 28, 2023.
  9. ^ Queen, Jack; Cohen, Luc (May 9, 2023). "Jury finds Trump sexually abused writer E. Jean Carroll, awards her $5 mln". Reuters. Retrieved May 9, 2023.
  10. ^ Shawna Chen, 5 women sue Bill Cosby, NBC over sexual assault under Adult Survivors Act, Axios (December 6, 2022).
  11. ^ Eric Levenson, 5 women sue Bill Cosby for sexual assault and abuse under new NY lookback law, CNN (December 6, 2022).
  12. ^ a b Clarissa-Jan Lim, How an expiring law helped Cassie’s lawsuit against Sean Combs happen, MSNBC (November 13, 2023).
  13. ^ Molly Hagen, New York's Imprisoned Women Brave Risks to Sue Sexual Abusers Under New Law, The Appeal April 18, 2023.
  14. ^ Klasfeld, Adam (May 15, 2023). "Donald Trump crony Rudy Giuliani faces sexual abuse lawsuit using same law that scored E. Jean Carroll $5M against ex-president". Law & Crime. Retrieved May 15, 2023.
  15. ^ Lances, Jill; Blackwelder, Carson; and Bernabe, Angeline Jane (November 22, 2023). "Guns N' Roses singer Axl Rose accused of alleged 1989 sexual assault by former model". ABC News.{{cite web}}: CS1 maint: multiple names: authors list (link)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Adult_Survivors_Act&oldid=1186433184"