New York, NY – Assemblymember Linda B. Rosenthal (D/WF-Manhattan) announced today that her legislation (A6138/S5916) to clarify provisions of the Adult Survivors Act has been signed into law. The bill clarifies the intent of the Adult Survivors Act, legislation passed into law by the Assemblymember in 2022, to ensure no survivor of sexual violence must provide a notice of claim when filing a case under the law. The law, sponsored by Brad Hoylman-Sigal in the State Senate, will remedy conflicting rulings made by state Supreme Court justices earlier this year.

“The intent of the Adult Survivors Act was clear: to allow survivors of sexual abuse to come forward and seek justice through the courts, no matter how long ago the abuse occurred,” said Assemblymember Rosenthal. “Blocking cases from moving ahead over the lack of a notice of claim not only flies in the face of the law, it re-victimizes those survivors who spent years grappling with the abuse they suffered and the difficult decision to come forward.”

The Adult Survivors Act, passed and signed into law in 2022, provided a one-year opportunity for individuals that suffered sexual abuse as adults to file a civil case in court, even if such cases would normally be outside of the statute of limitations. This lookback period ended in November 2023 with more than 3,200 cases being filed.

While many cases have moved forward without issue, conflicting rulings by state Supreme Court justices over the requirement for a notice of claim have caused confusion. In April, a judge in Rockland County dismissed a motion by the county to have the case thrown out because a notice of claim was not filed. The following week, a justice in Wayne County dismissed an Adult Survivors Act case, citing the plaintiff’s failure to file a notice of claim.

This legislation, which takes effect immediately and applies to all proceedings currently pending, amends provisions of the original law to make clear that a notice of claim is not required to bring a civil case under the Adult Survivors Act.

“Conflicting court rulings must not imperil the ability of survivors to hold their abusers accountable,” said Assemblymember Linda B. Rosenthal. “With this clarification now signed into law, Adult Survivors Act cases will be able to proceed without delay and survivors around the state will have the shot at justice that they deserve.”