What it was for
The Child Victims Act addressed abuse suffered as a child. The Adult Survivors Act did the
same thing for people abused as adults, a defined period during which otherwise time-barred
claims could be brought.
It was aimed squarely at a gap the earlier Act left open: people abused in workplaces,
custodial settings, medical care and by people in positions of authority, who had been adults at
the time and therefore fell outside the CVA entirely.
The window has closed
The one year filing period closed on 23 November 2023. As with the CVA, that
does not mean no claim can be brought. It means the temporary revival of expired claims is no
longer available, and any claim now depends on the ordinary rules and the specific facts.
The twenty year rule, which did not close
Alongside the temporary window, New York lengthened the ordinary deadline for adults. A civil
claim arising from certain felony sexual offences suffered at 18 or over can be
brought within 20 years of the offence.
That is far longer than the deadline for an ordinary personal injury or intentional tort
claim, which is typically three years. Which of the two applies turns on how the conduct is
characterised in law, and that is a question about your specific facts rather than something a
web page can settle. It is also the question most worth asking, because the gap between three
years and twenty is the difference between a claim and no claim.
Other routes that may apply
- Claims against an institution based on its own conduct rather than only the abuser’s.
- New York City’s Gender-Motivated Violence Protection Act, which provides a separate civil
route for qualifying claims. - Ordinary limitation rules, which vary with the facts and with who was responsible.
Time limits in New York turn on how old you were, who was responsible and the particular facts. Two rules anchor most cases: someone abused as a child can generally bring a civil claim up to their 55th birthday, and certain felony sexual offences suffered as an adult carry a 20 year window. Neither is the whole picture, and people regularly assume they are out of time when they are not. Ask rather than assume, it is a free call.
I missed the ASA window. Is that it?
Not necessarily, and this is the most common reason someone gives up a claim they still have. Certain felony sexual offences suffered as an adult carry a 20 year deadline that is entirely separate from the Act’s one year window.
Does the ASA cover workplace abuse?
It was aimed at abuse suffered as an adult, including in workplaces and custodial settings. Since the window has closed, the practical question now is which other route applies.
Is the employer liable as well?
Often that is the central question. An employer’s own failures (in hiring, supervision or its response to complaints) can found a claim in its own right.