{"id":17039,"date":"2024-02-21T08:19:00","date_gmt":"2024-02-21T13:19:00","guid":{"rendered":"https:\/\/www.napolilaw.com\/?p=17039"},"modified":"2024-02-02T10:18:24","modified_gmt":"2024-02-02T15:18:24","slug":"assessing-the-importance-of-the-adult-survivors-act","status":"publish","type":"post","link":"https:\/\/www.napolilaw.com\/es\/article\/assessing-the-importance-of-the-adult-survivors-act\/","title":{"rendered":"Assessing the Importance of the Adult Survivors Act"},"content":{"rendered":"

This article is authored by Partner Marie Napoli and appears on Medium.com<\/a>. <\/p>\n\n\n\n

The Adult Survivors Act, signed into law by New York Governor Kathy Hochul in May 2022, created a one-year lookback window for individuals who experienced sexual abuse after they turned 18 years old. From November 2022 to November 2023, statutes of limitations were suspended, allowing survivors to file civil lawsuits against their abusers.<\/p>\n\n\n\n

As we consider the impact of the Act over the last year, it\u2019s important to remember that one of the reasons why only a third of sexual assaults<\/a> are reported to the police is that the perpetrator often has influence over the survivor. They may occupy a position of trust, possess economic power over them, or simply be a \u201cpublic figure\u201d who seems impossible to challenge in court. As a result, it can take years for many survivors to be mentally and emotionally prepared to tell the truth about their experiences.<\/p>\n\n\n\n

Creating a lookback window is, in a way, the legal system taking responsibility for its own failure in adequately responding to those who have experienced sexual violence. It represents a softening of the institutional roadblocks survivors face and shows the impact of pro-survivor advocacy, such as the #MeToo Movement, over the past several years.<\/p>\n\n\n\n

In June of 2023, in the middle of the lookback window, Harvey Weinstein, the film producer whose conduct brought sexual assault in the film industry out into the open, lost a key appeal<\/a>.<\/p>\n\n\n\n

Was it a success?<\/strong><\/p>\n\n\n\n

In the final months of the window, a wave of new cases naming celebrities like Axl Rose, Sean Combs, Jamie Foxx, and Cuba Gooding, Jr., made the headlines. These cases are important because powerful people in the entertainment industry have habitually preyed upon aspiring artists and ardent fans. These high-profile lawsuits continue a trend of holding powerful, famous people to account, which can change the way the industry operates and bring compensation to survivors.<\/p>\n\n\n\n

But in the long term, the Act\u2019s real impact will likely come from the hundreds of lawsuits filed against institutions, including prisons and leading hospitals. Of the nearly 3,000 lawsuits filed under the Adult Survivors Act, for example, almost 500<\/a> deal with allegations of sexual abuse at Rikers Island.<\/p>\n\n\n\n

As these cases move through the court system, they\u2019ll shine a light on systemic abuses in institutional settings, where sexual crimes are often buried. Through the process, those cases will likely reveal failures in management, oversight, and reporting that will have to be corrected, creating safer experiences going forward.<\/p>\n\n\n\n

Will it be renewed?<\/strong><\/p>\n\n\n\n

Although there are no current indications that the Act will be extended or renewed, survivors\u2019 advocates believe that a longer time window is needed<\/a>. A year is a short period of time to make the decision to file a lawsuit, especially over events that happened several years ago. In comparison, the Ley de v\u00edctimas infantiles<\/a>, which established a two-year window, saw more than 11,000 cases filed.<\/p>\n\n\n\n

Regardless of whether the Adult Survivors Act (or some form of it) becomes law again, the last year has shown just how many of those who experience sexual violence need more options to obtain justice and overcome systemic obstacles. In New York and across the country, lawmakers are looking at various ways to make it easier for survivors to come forward \u2014 and harder for predators to avoid accountability.<\/p>\n\n\n\n

The takeaway<\/strong><\/p>\n\n\n\n

The Adult Survivors Act has been one part of a much larger movement toward making the civil justice system more accessible to survivors. It shows that we\u2019re making progress. It also shows we have a long way to go.<\/p>\n\n\n\n

Most importantly, it\u2019s a reminder that survivors deserve their voice and that they should receive support \u2014 from friends, family, communities, and the legal system \u2014 when they speak up.<\/p>\n\n\n\n

Although it can take time to make a decision about coming forward publicly, those who have experienced sexual abuse can speak confidentially with an attorney<\/a> who can help them to understand their options and the resources available to them before a statute of limitations expires.<\/p>","protected":false},"excerpt":{"rendered":"

This article is authored by Partner Marie Napoli and appears on Medium.com. The Adult Survivors Act, signed into law by New York Governor Kathy Hochul in May 2022, created a…<\/p>","protected":false},"author":3,"featured_media":17040,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[794],"tags":[818,947],"class_list":["post-17039","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-sexual-harassment","tag-sexual-harassment-lawyer","tag-sexual-abuse"],"acf":[],"page_builder_type":"classic","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/posts\/17039","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/comments?post=17039"}],"version-history":[{"count":0,"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/posts\/17039\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/media\/17040"}],"wp:attachment":[{"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/media?parent=17039"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/categories?post=17039"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.napolilaw.com\/es\/wp-json\/wp\/v2\/tags?post=17039"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}