Additional Reporting by Tandy Lau Amsterdam News Staff, Report for American Corps Member
The Adult Survivors Act (ASA) expired to a crescendo of sexual abuse lawsuits naming prominent officials, public figures, and city agencies in filings at midnight last Friday, Nov. 24. The Thanksgiving Day reckoning served as a last call for survivors of sexual abuse otherwise barred by time limits to come forward and seek civil court recourse.
The act was signed by Governor Kathy Hochul and went into effect in May of last year. It created a one-year window for survivors statewide to file claims against their alleged sexual abusers, regardless of statute of limitations, if they were age 18 or older when the incident occurred. It went into effect in November 2022 and, before the deadline, notably led to a judge finding ex-President Donald Trump liable for sexual abuse and awarding the plaintiff, author E. Jean Carroll, $5 million.
The ASA law is modeled on the Child Victims Act of 2019 and there have been more than 2,500 filings so far. As the window to file officially closed, more recent filings were made against public figures such as former Governor Andrew Cuomo, Mayor Eric Adams, actor Jamie Foxx, singer Axl Rose, hip hop mogul Sean “Diddy” Combs, and State Senator Kevin Parker.
Assemblymember Linda Rosenthal, who sponsored the ASA, said in her work with advocates and sexual assault survivors while crafting the legislation, she learned that there are myriad reasons why a victim might wait years to file a report against someone. Some people need legal assistance to gather evidence, some don’t want to relive the experience, and others vacillate over deciding what to do until the last minute, she said.
“Trauma takes time,” said Rosenthal. She added that the culture is evolving away from “sweeping things under the rug” and creating more opportunity for survivors to speak out in general against any kind of offender, regardless of social status.
The responses to the lawsuit filings have varied greatly.
Singer Cassie, full name Casandra Ventura, filed against Combs on November 16, alleging years of beatings and sexual abuse in their previous personal and professional relationship going back to 2007. He settled the suit a day later, reported the Associated Press (AP).
An unnamed plaintiff alleged Foxx touched her forcibly and inappropriately in August 2015 at a Manhattan establishment, per the complaint. The filing accuses the actor of leveraging his “position as a well-known celebrity [to commit] the heinous acts” of sexual assault and battery. Foxx’s spokesperson denied the allegation to the AP.
Last week, a woman accused Parker of assaulting her in her home in 2004 while they were coordinating donations to Haiti during his first term as senator. Parker co-sponsored the Child Victims law and voted to pass the ASA in the Senate in 2021. He told the Amsterdam News that he still believes in the benefits of the ASA for victims of sexual assault, even if this filing has affected him directly, which he never thought would happen. He continues to deny the allegation made against him and said that he plans to “clear his name.”
In a three-page filing with the state Supreme Court in Manhattan over Thanksgiving weekend, Adams was accused of sexually assaulting a woman in 1993. She is seeking a trial and $5 million in relief. Adams, who is currently at the center of a FBI investigation into his 2021 mayoral campaign funds, categorically denied the allegations or knowing the accuser. He said he still supports the ASA law as well.
“I believe in the law. I think it should be used and not abused, and when you look at this specific business against me, I’ll say it over and over again: It’s not who I am,” said Adams at a presser on Tuesday. “Those of you who have covered me, those of you who know me—I’m a protector. I would not harm someone. I would not do something that is being alleged. That is not who I am.”
Lisa Zornberg, the mayor’s chief counsel, added that Adams has not been served with a summons and the city’s law department is at the ready to defend the mayor if or when that happens.
The bulk of the lawsuits were made against the city and its agencies, including by detainees alleging sexual abuse by corrections officers, with some cases dating back decades ago.
One case filed last week alleged a female detainee was raped and assaulted in her Rikers Island cell by a male corrections officer in 1988. Another lawsuit alleged a male detainee was raped and sexually assaulted by three female corrections officers.
“NYC DOC has a zero-tolerance policy toward all forms of sexual abuse and sexual harassment against any person who works, visits, or is in custody in any of its facilities,” said a Department of Corrections (DOC) spokesperson by email. “The Department responds to, investigates, and supports the prosecution of all sexual misconduct within all facilities operated by the agency and its contractors.”
According to a Board of Corrections report, people in custody filed 25 allegations of sexual misconduct against DOC staff between January and June of this year, a roughly 50% reduction from the previous period.
“Under the law, sexual predators who were once shielded from the consequences of their deplorable crimes were finally exposed by the very people they had once preyed upon,” said Rosenthal. “The power of the ASA is that it spared absolutely no one: Whether it was the former President of the United States, a prominent gynecologist, a famous musician, New York State prison guards, one’s relative or soccer coach, people from all walks of life who believed they were above the law were held accountable after years of dodging the halls of justice.”
Rosenthal said that she and Senator Brad Hoylman-Sigal are discussing ways to extend the ASA lookback period for another year for those who still need time to come forward and file a suit.
Ariama C. Long and Tandy Lau are Report for America corps members who write about politics and public safety for the Amsterdam News. Your donation to match our RFA grant helps keep them writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.