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New York will allow adult victims to resurrect decades-old sexual abuse complaints


ALBANY, NY – Drew Dixon spent 22 years not talking about what happened to her.

But in 2017, she joined a chorus of women for the first time voicing some of the worst experiences of their lives. For Ms. Dixon, that means public New York Times with the long-repressed claim that media mogul Russell Simmons raped her.

Rapid and seismic response: extensive media attention, Twitter conversations, a documentary. There is unity, backlash and finally a feeling of peace.

But there will be no criminal case or any lawsuit against Mr. Simmons: The statute of limitations for both has long since passed and during the two decades Ms. Dixon has kept her mouth shut.

But Ms. Dixon will soon have the opportunity to reconsider pursuing her case.

The State Assembly on Monday overwhelmingly passed Adult Survivor Act. brand. The bill, which is expected to be signed by Governor Kathy Hochul, reflects New York’s Child Victims Act and gives adult survivors a one-year time limit to file lawsuits.

Advocates describe the measure as an act of “restorative justice” that will allow victims to some degree of accountability and reparation, and prevent individuals and organizations from targeting them. turn a blind eye to the future.

Passage of a bill opposing the sexist reputation of Parliament House, where stories of sexual harassment and assault has long haunted the corridors, leading to the creation of the Sexual Harassment Working Group, made up of former legislators who say they have experienced or reported sexual harassment in Albany. And with prominent political figures, such as former governor Andrew M. Cuomo and attorney general Eric Schneiderman, resigning following allegations of sexual misconduct, it looks like the New York government could suffer some liability, if the bill becomes law.

The Adult Survivors Act passed in the state Senate last year but stalled in the guild, a fate advocate hopes to avoid this year. To that end, they ran an ardent campaign in support of the measure, calling and writing to lawmakers, and repeatedly walked to Albany to attend press conferences.

In April, the bill was passed unanimously by the state Senate and passed by Congress on Monday by a 140-3 vote.

Child Victims Act, passed in 2019, created a similar review window for those under the age of 18 at the time of the alleged abuse. It resulted in more than 10,000 lawsuits being filed, according to The Office of Court Administration, the agency that administers the state court system.

Supporters have been fighting for 13 years to pass that legislation, against institutional opposition from the Boy Scouts of America and the Catholic Church, among others, who feared exposure to the law. They were right to worry: Both sought bankruptcy protection, in part because of the financial burden of lawsuits.

The bill’s sponsor in Congress, Linda B. Rosenthal of the Upper West Side, says the current laws are a relic of a time when sex abuse laws were written to protect abusers.

Ms Rosenthal said: “It’s no secret that many survivors did not come forward. “They are afraid of retaliation. They foster shame. They worry about the consequences for them and their loved ones. Or they feel that no one will believe them.”

Some, like Ms. Dixon, may feel they are forced to choose between moving forward and building a career.

Ms Dixon, a music producer, said of Mr Simmons, who denied the allegations: “There’s no way I could have survived my career if I had been called the king of hip-hop. “It will end. And I want to do work that I love because I’m good at it. ”

Ms. Dixon has not yet decided whether to pursue the lawsuit. But she welcomes the prospect that other survivors will find in civil court a measure of justice she found in public opinion court. She added: “All survivors deserve the opportunity to be heard and scrutinized with the rigor with which this will be available, so it’s not just ” he said, she said. .”

She believes the bill will give older survivors, especially those who have achieved a measure of success and stability, a reason to speak up – allowing them to shoulder some of the current burdens. are being suffered by recent victims, those with the most recent healing and who may be more vulnerable.

Despite an ardent campaign to pass the measure amid bipartisan support, the lack of progress midway through the legislative session suggested the bill could be on hold for another year.

Several lawmakers have spoken of concerns that have quietly emerged from a small group in Congress, some of whom are lawyers, that the bill’s language is too broad.

Westchester County Representative Thomas J. Abinanti, who supported the bill, said that some lawmakers have questioned whether public employers, such as schools, should be held accountable for wrongdoings made committed decades ago by their predecessors or not.

“Are today’s taxpayers responsible for actions that took place many, many years ago when the current administration changed policy?” Mr. Abinanti said.

Some on the Council wondered whether the 20-year window should be limited, to avoid problems stemming from stale evidence, deceased witnesses and faulty memories.

“Insurers are saying, ‘We didn’t represent you back when.’ You can’t even find records to know who the insurance company came back to when,” Mr. Abinanti said. “That’s the whole point of the statute of limitations.”

Supporters of the bill say these same questions were asked and answered during negotiations over the Child Victims Act in 2019.

“Still the case of survivors will have to prove their case,” said Liz Roberts, chief executive officer of Safe Horizon, a victim services firm, which pushed for both pieces of legislation. “So they are up against the same challenge of the passage of time, that any organization or individual that is defending the case is up against.”

“The bill does not allow them to win the case,” she said. “It just allows them to present their case.”

Supporters gathered for an emotional news conference Monday afternoon ahead of the bill’s passage, where many lawmakers spoke about their own experiences with abuse – some first.

“Lawmakers, all of you, thank you,” said Mary Ellen O’Loughlin, a survivor who leads Abuse Survivors. “And for predators and abusers – you should be worried.”



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