Civil Sex Assault Claims

The Adult Survivors Act: What New York Survivors Should Know

The Adult Survivors Act (ASA), signed into law in May 2022, was one of the most significant survivor-focused statutes New York has passed in recent years. It gave adult survivors of sexual abuse a limited window to bring civil claims that had already been barred by the ordinary statute of limitations.

What the ASA did

The ASA opened a one-year look-back window, running from November 24, 2022 to November 23, 2023, during which any adult survivor of sexual abuse could file a civil claim regardless of when the abuse occurred. It applied to claims that would otherwise be barred by the statute of limitations. During the window, thousands of cases were filed, including well-publicized actions against former public figures, business leaders, and institutional defendants.

Why the ASA was needed

Before the ASA, adult sexual assault survivors typically had one to three years to file a civil claim under New York's intentional tort deadlines. Because trauma, fear of retaliation, and delayed recognition of harm often prevent immediate action, many survivors were shut out of court entirely by the time they were ready to come forward. The ASA modeled itself on the earlier Child Victims Act, which had a similar look-back structure for those abused as minors.

The window has closed

The ASA look-back window expired on November 23, 2023. Survivors who did not file during the window cannot use the ASA to revive time-barred claims. That said, the window closing does not mean survivors are out of options.

What survivors can do now

Depending on the facts of the case, survivors may still have claims under the following:

The Child Victims Act, if the abuse occurred before age 18 and the survivor is under 55.
The Gender-Motivated Violence Act, which carries a seven-year state period or a seven-year New York City period.
The Trafficking Victims Protection Act, which has a 10-year federal civil period.
Standard tort claims, if the abuse is recent enough to fall within the one to three-year window.
Claims under an employer's or institution's continuing conduct, which may extend the limitations period in some circumstances.

Preserving evidence

Whether or not the statute of limitations is a concern, survivors thinking about legal action should preserve any documentation they have: text messages, emails, medical records, therapy notes, journal entries, photographs, and the names of anyone they told about the abuse at the time. This evidence tends to become harder to recover as time passes.

At John J. Zidziunas & Associates, LLC, we represent survivors of sexual assault in civil actions across New York and New Jersey. To discuss your case confidentially, call us at (212) 516-1868 or contact us here. We represent survivors on a contingency fee basis with free consultations.

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