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What is the New York Adult Survivors Act?

On May 24, 2022, New York State passed the Adult Survivors Act (S66). The ASA provided a limited window until November 23, 2023, which allowed victims of sexual assault who were 18 years old or older at the time of the occurrence to bring lawsuits for the offense regardless of how long ago it was committed. The law in effect overrode the shortened State statute of limitations and allowed victims to bring a lawsuit against the perpetrator and any institutions and/or employers that knew or should have known that the sexual assault and abuse was taking place. Some of the common examples are universities or colleges, hospitals, counselors, coaches, and doctors.

This long-overdue Statute recognized that many sexual assault survivors are reluctant to report and/or act on the event because of shame, guilt, the fear of being stigmatized, re-experiencing the event, and depression, amongst other painful feelings. Accordingly, the ASA eliminated the statute of limitations allowing victims to file claims that would have otherwise been time-barred. The resulting lawsuits empowered those who were rendered powerless by their assailants. It allowed for victims who were emotionally unprepared to come forward, to finally seek closure by action.

The act has reached its expiration date; however, we are still receiving transfers of existing ASA cases. If you are dissatisfied with your current legal representation for your ASA case or believe your case is not receiving the attention you deserve, please don't hesitate to get in touch with our sexual assault lawyers, here at The Law Offices of Michael S. Lamonsoff can help.

The Window Has Expired

The Adult Survivors Act (ASA), signed on May 24th, 2022, reached its end date on November 24th, 2023. The one-year period that reopened the opportunity for people who were sexually abused as adults to file lawsuits (even if the legal statute had passed) has expired.
Since the act’s implementation, over 2,500 cases of criminal sexual conduct have been brought to court, out of which many were against the State of New York, the City of New York, and New York correctional facilities.

Now with ASA “lookback window” over, the regular statute of limitations is back in place, which means you now only have one year to file lawsuits for intentional acts of harm (like someone hurting you on purpose) and three years for cases based on negligence (like someone not taking care to prevent harm), and this statute is counted from when the incident took place. Also, you can now file for new assaults up to the age of 55 years old.

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Seeking Justice Beyond the ASA Window

The opportunity to file new cases under the Adult Survivor Act may have concluded, but our commitment to the survivors of sexual crimes remains unchanged. At The Law Offices of Michael S. Lamonsoff, we understand that the journey towards justice does not end with a deadline. We are here to assure you that our doors remain open for transferring existing ASA cases.

If your current legal representation for your Adult Survivors Act case hasn't met your expectations, or if you feel that your case is not being pursued with the seriousness it deserves, allow us to step in. Attorney Michael “The Bull” and his legal team brings together over 150 years of collective legal experience with a track record in New York speaks volumes: we have secured over a billion in verdicts and settlements for our clients.

What Does the Adult Survivors Act (ASA) Do for Civil Cases?

The Adult Survivor Act created a window through November 23 2023(NYCPLR §214-J). Anyone who survived rape, criminal sexual act, forcible touching, sexual abuse, or incest as an adult, regardless of their current age, survivors could sue the assailant’s institution or employer for negligence. This window closed after November 23, 2023. NYS also amended the Statute of Limitations in 2019, extending the length to 20 years to file a civil lawsuit. Therefore, depending on the date of the crime, survivors may be eligible to file RIGHT NOW.

Due to overlapping statutes of limitations, you may or may not have a case. Rely on our expertise and call The Law Offices of Michael S. Lamonsoff to learn more.

Institutions and employers are vicariously liable if they could have intervened to prevent the horrible trauma from happening. You can sue them for damages. Some of the common examples are universities or colleges, hospitals, counselors, coaches and doctors.

Priest/Clergy/Religious Sexual Abuse

When a trusted clergyman, priest or religious leader commits sexual abuse, the survivor may go through the worst form of physical, emotional, and psychological trauma because their profound faith is violated. If you have been a survivor of sexual abuse, molestation, or unwanted touching in any form by a religious leader or a local church or religious school employee, you may be eligible to file a lawsuit against the perpetrator and obtain your rightful compensation.

University/College Sexual Abuse

Sexual abuse and sexual assault at schools, universities and other educational institutions may often occur because the institution failed to provide adequate student safety. If you have suffered from sexual abuse on campus, it is possible that your school or university’s negligence contributed to the act, and they could be held liable for damages. Even otherwise, you can file a lawsuit and bring the sexual offender to justice and obtain the compensation you may be entitled to.

Hospital Sexual Abuse

Medical professionals and hospital staff members may sometimes engage in unwanted sexual contact with patients during a medical examination, or perform sexual assault when the patient is sick, sedated, weak or incapacitated. The offending doctors or hospital staff members as well as the hospital management (if their negligence is involved) may be held liable for damages. As a survivor of hospital or medical center sexual abuse, you have a right to file a lawsuit and pursue a case for maximum compensation.

Institution Sexual Abuse

Sexual abuse may occur in foster care, elderly care and other similar institutions. Children in foster care are particularly vulnerable, and suffer heinous acts of sexual abuse from the very people who are responsible for their care. Elderly residents of long term care institutions, such as nursing homes are also easy targets for sexual abuse because their physical and/or mental capacity to resist the attack may be diminished. The sexual abusers as well as the institutions (if they were negligent) may be held liable, and you may obtain your rightful damages by bringing them to justice.

List of Eligible Crimes Under New York Adult Survivors Act

The list of eligible crimes under NY Adult Survivors Act when the window was open, were as follows:

  • Sexual Misconduct, Penal Law Section 130.20
  • Rape in the Third Degree, Penal Law Section 130.25
  • Rape in the Second Degree, Penal Law Section 130.30
  • Rape in the First Degree, Penal Law Section 130.35
  • Criminal Sexual Act in the Third Degree, Penal Law Section 130.40
  • Criminal Sexual Act in the Second Degree, Penal Law Section 130.45
  • Criminal Sexual Act in the First Degree, Penal Law Section 130.50
  • Forcible Touching, Penal Law Section 130.52
  • Persistent Sexual Abuse, Penal Law Section 130.52
  • Sexual Abuse in the Third Degree, Penal Law Section 130.55
  • Sexual Abuse in the Second Degree, Penal Law Section 130.60
  • Sexual Abuse in the First Degree, Penal Law Section 130.65
  • Aggravated Sexual Abuse in the Fourth Degree, Penal Law Section 130.65-a
  • Aggravated Sexual Abuse in the Third Degree, Penal Law Section 130.66
  • Aggravated Sexual Abuse in the Second Degree, Penal Law Section 130.67
  • Aggravated Sexual Abuse in the First Degree, Penal Law Section 130.70
  • Female Genital Mutilation, Penal Law Section 130.85
  • Facilitating a Sex Offense With a Controlled Substance, Penal Law Section 130.90
  • Incest in the Second Degree, Penal Law Section 255.26
  • Incest in the First Degree, Penal Law Section 255.27
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Compensation for Survivors of Sexual Abuse - Contact A Sexual Assault Attorney in New York City

Leading sexual assault attorney Michael S. Lamonsoff, Esq. is helping survivors of sexual abuse successfully sue individuals and/or organizations to obtain maximum financial compensation. Survivors in these cases often suffer acute and chronic injuries and illnesses, including anxiety, depression, and PTSD. They may require extended therapy and rehab, and may also suffer full or partial loss of income because their performance in their professional career may be affected.

Attorney Michael S. Lamonsoff and his legal team will pursue compensation for potential damages and losses, such as medical costs, counseling fees, long-term therapy and rehab costs, loss of income due to physical or mental injury, pain and suffering, and even punitive damages in some cases.

Gender-Motivated Violence Protection Act in New York

Many people in NYC, particularly women, become survivors of gender-based violence, which could occur at the workplace or outside. To protect the rights of the survivors, New York City passed a law under Title 10, Chapter 11 of the NYC Administrative Code. This law known as the Victims of Gender-Motivated Violence Protection Act (VGMVPA) allows the survivors to file a civil lawsuit (apart from a criminal case) to seek financial damages from the attacker.

How to Know if You Have a Case Under the VGMVPA?

The Gender-Motivated Violence Protection Act allows you to file a civil lawsuit for recovery of financial damages (no matter whether criminal charges were filed or not) if you were a victim of violence that was specifically “motivated by gender.”

This means that the act of violence against you was committed: (a) because of your gender; or (b) on the basis of your gender; or (c) at least partly due to an animus based on your gender. In other words, even if the perpetrator attacked you, at least partly because of your gender, you have a right to file a civil claim for financial damages under the VGMVPA. The VGMVPA extends protection to all residents of New York City as well as to non-residents who are working in New York City.

Difference between Claims under the VGMVPA and the Claims of Workplace Sexual Harassment

As a survivor of gender-motivated violence in New York City, you have a right to file separate independent claims under the VGMVPA as well as the state employment laws for protection from workplace sexual harassment. It is noteworthy that under the VGMVPA, you get up to seven years after the incident to file your civil claim, which is longer than most of the state employment laws.

Under gender-motivated violence at the workplace, you may be able to sue both the perpetrator and their employer for civil damages. New York sexual harassment attorney Michael S. Lamonsoff, Esq. can help you recover potential economic damages for your medical costs and loss of wages, non-economic damages for pain and suffering and emotional distress, and even punitive damages to set an example for everyone in society to recognize.

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FAQs

Am I eligible to pursue justice under the NY Adult Survivors Act?

You may eligible if: a) You suffered sexual abuse when you were at least 18 years old. b) You wish to file a civil lawsuit for compensation against the perpetrator and/or their enablers. Though the ASA window is now closed, you may be eligible to file under new laws. Contact our office to find out if you are eligible.

What type of sexual offenses would apply under the NY Adult Survivors Act?

The New York Adult Survivors Act covered sexual offenses as described in Article 130 of the state penal code. The list of eligible offenses is available at this link.

How much attorney fee do I have to pay if I hire your law firm for my case?

Top-rated sexual assault attorney “The Bull” Michael S. Lamonsoff, Esq. and his legal team will fight your case on a contingency fee basis. It means you don’t have to pay anything upfront. You will only pay a percentage from your compensation award when you receive it. If you don’t receive compensation, you don’t pay anything to us.

Over A Billion In Verdicts & Settlements For Our Clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, The Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.

See More Client Results

$16,000,000 Verdict Awarded to a Victim of Sexual Abuse
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New laws offer help for sexual abuse & assault survivors

Our lawyers are working hard to help sexual abuse survivors receive justice. The new laws that were enacted made it easier for sexual assault survivors to press both criminal and civil charges before the window closed.

In addition, these laws provided survivors of second- and third-degree rape with additional time to file both criminal charges against the abuser and civil actions against the predator and private or public institutions potentially liable for the act.

Though the window is now closed, new cases may be able to be filed under existing laws. In addition, we are currently accepting transfers from existing ASA suits, if you feel your case is not receiving proper attention.

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Find an attorney who you can talk to about the abuse

While it is often tough for survivors of violent attacks or injuries to process and communicate their trauma, it can be especially difficult for victims of sexual molestation or abuse to open up about their trauma. And it ultimately may seem unimaginable for the victims abused as children to speak up and face the ones that injured them.

Under these circumstances, sexual abuse survivors need a sexual assault attorney who will understand, approach the matter 100% on their side, with no holds barred, and ready to fight for justice. Michael S. Lamonsoff, Esq. is just that attorney.

If you or a loved one have suffered sexual abuse or sexual assault of any kind, NYC personal injury lawyers with The Law Offices of Michael S. Lamonsoff, PLLC, are ready to discuss your case and explain your options.

Member of:

  • Board of Directors of NY State Trial Lawyers Association
  • American Association for Justice
  • NY County Lawyers Association

Educated at:

  • University of Arizona
  • Double post-masters degrees in psychology at Columbia University
  • Benjamin N. Cordozo School of Law

Awards:

  • 6X Super Lawyers Panel
  • Million Dollar and Multi Million Dollar Advocates Forum
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