The recently passed New York Adult Survivors Act, signed into law May 24, amends the state’s statute of limitations for civil actions related to certain sexual offenses committed against persons over 18. It allows for a one-year window, regardless of when the alleged offense occurred.
The one-year window will begin on Nov. 24 and allows for civil actions to be brought against institutions (including the person’s employer) for negligent or intentional acts as well. With this law, we can expect to see an increase in cases in which the alleged sexual offense occurred in a workplace or at another institution that had a duty to the survivor.
As described above, the act not only permits claims against the person who committed the sexual offense, but also permits claims against institutions (including the person’s employer) for negligent or intentional acts as well. Defending such lawsuits may raise unique hurdles, given that the abuse could have occurred decades earlier. However, the plaintiff still bears the burden of proof and may face high evidentiary hurdles. If successful, a plaintiff can recover from both the individual and/or the institution for economic, compensatory, and punitive...
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