Adult Sexual Abuse Victims Given New Window to File Expired Claims
Woodbury, NY, May 25, 2022 — On May 24, 2022, Governor Kathy Hochul signed into law the New York Adult Survivors Act (Senate Bill S66A). The Adult Survivors Act is a major piece of new legislation, affording adult victims of sexual abuse renewed opportunity to file lawsuits – even if the statute of limitations for those claims previously expired.
How Does the Act Work?
The Adult Survivors Act establishes a one-year window, running from November 24, 2022 to November 24, 2023, during which “adult” victims of alleged sexual abuse can file previously barred lawsuits, regardless of how long ago the abuse occurred. The Adult Survivors Act defines “adult” to include any person that was 18 years or older at the time of the alleged abuse. The Adult Survivors Act follows on the heels of New York’s recently enacted Child Victims Act (Senate Bill S2440) which provided a two-year window that permitted victims of childhood sex abuse to file previously barred lawsuits. Of note, both Acts only apply to abuse that took place within New York State.
Implications of the Act
The insurance industry anticipates that the Adult Survivors Act will precipitate a wave of previously barred sex abuse lawsuits. As an indicator of what is to come, it is reported that approximately 10,000 lawsuits have been filed under the Child Victims Act. It is expected that the Adult Survivors Act will likely impact an even wider range of industries than the Child Victims Act, because it is not limited to a particular sector (the Child Victims Act mostly implicated religious organizations, school districts, and child services). As such, it is very possible a much larger number of suits will be filed under the Adult Survivors Act than the Child Victims Act.
What Should You Do?
Prepare for future claims by compiling policy details now, before a lawsuit is filed, so your organization is in the best possible position to immediately notify insurers in the event of a claim. SterlingRisk can provide you with resources to assist in compiling policy listings and guidance navigating coverage or liability questions related to the Adult Survivors Act and the Child Victims Act. Please feel free to contact SterlingRisk with any questions or concerns.
