October 4, 2022

Volume XII, Number 277

Advertisement

October 03, 2022

Subscribe to Latest Legal News and Analysis

Following on the Child Victim’s Act, Proposed New York State Legislation Seeks to Revive the Statute of Limitations for Survivors of Alleged Adult Sexual Abuse

The trend in New York State to provide relief for expired claims by waiving statutes of limitation in sex-abuse cases may be continuing. As its current session winds down, the New York State Legislature is considering legislation that would provide a “revival” one-year period of the statute of limitations within which survivors of adult sexual abuse may file civil claims against individuals, companies and institutions, even if the statute of limitations for the claims has expired, and/or the claims were previously dismissed because of late filing. Entitled “Adult Survivors Act” (S.66/A.648), the bill recognizes that New York’s current statute of limitations effectively bars individuals who were eighteen years old or older at the time of the alleged sexual abuse, from seeking civil redress because the statute of limitations fails to take into account the number of years it may take for survivors of adult sexual abuse to process the abuse and come forward to confront their abusers.

This is not the first time the New York Legislature has sought to temporarily waive the statute of limitations for abuse victims. In August of 2019, New York enacted the Child Victims Act. The Child Victims Act similarly permitted a one-year “revival” period of the statute of limitations for individuals who assert civil claims of child abuse to file claims against individuals and institutions, even if those claims had been previously time-barred or dismissed due to late filing. In August 2020, the Child Victims Act’s “revival period,” which was originally scheduled to close in August 2020, was extended through August 13, 2021. Over five thousand cases have been filed in New York State courts under the Child Victims Act, and many more are expected to be filed in the two and a half months leading up to the August 14th deadline.

Like the Child Victims Act, the Adult Survivors Act would establish special trial preference for cases filed pursuant to the revival of the statute of limitations and requires that the Chief Administrative Judge of the Office of Court Administration promulgate rules concerning the timely adjudication of claims revived by the Act. If the Adult Survivors Act, which would allow a claimant to file a civil suit against any company or institution – such as a workplace, school, house of worship, doctor’s office, etc. – where the abuse took place, is enacted, it will likely result in a similar, if not greater, number of cases being filed.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 148
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Melissa Jampol, Epstein Becker Law Firm, Health Care Attorney
Member

Melissa Jampol is a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the New York office of Epstein Becker Green. A former federal and state prosecutor, Ms. Jampol represents health care organizations, and their officers and directors, in a variety of enforcement matters at both the state and federal levels.

During her tenure as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of New Jersey, Ms. Jampol served in the Health Care and Government Fraud, Violent Crime, and...

212-351-4760
Lori Medley, Employment Attorney, Epstein Becker Law Firm
Senior Counsel

LORI A. MEDLEY is an Senior Counsel in the Litigation practice, in the New York office of Epstein Becker Green, and a member of the Technology, Media, and Telecommunications strategic industry group. She litigates a wide range of complex commercial disputes, employment discrimination matters, and other employment-related matters in state and federal courts, in a variety of industries, including financial services and banking, health care, advertising, and insurance. Ms. Medley also represents managed care organizations in disputes between members/...

212-351-4926
Advertisement
Advertisement
Advertisement