New York opens window for lawsuits over decades-old sex abuse claims [Video]

WHAT YOU NEED TO KNOW:

• New York’s Adult Survivors Act will give adult sexual abuse victims a one-year window to file lawsuits over decades-old allegations.
• Writer E. Jean Carroll is expected to pursue her claim against former President Donald Trump, whom she accused of raping her over 27 years ago.
• Gov. Kathy Hochul signed the act in May, which was modeled on the state’s Child Victims Act, which similarly revived old claims over child sex abuse.

A New York law will give adult sexual abuse victims a one-year window to file lawsuits over decades-old allegations that would otherwise be barred because of the statute of limitations.

One lawsuit expected to be filed under the law is against former President Donald Trump. E. Jean Carroll, who was a columnist for Elle magazine, accused Trump of raping her over 27 years ago in the dressing room of a Manhattan Bergdorf Goodman department store. Carroll sued Trump for defamation when he denied the allegations and said she was “not my type.”

Doug Wigdor, an attorney specializing in sexual harassment claims, said that the law will allow claims against workplace abuse that was previously tolerated in the 1980s and 1990s.

Wigdor stated, “A lot of people didn’t come forward, because maybe women were worried about their careers and the stigma associated with coming forward. And now the landscape has changed significantly.”

Other states have temporarily lifted or expanded statutes of limitations on abuse claims following the #MeToo movement and scandals involving big names such as former film producer Harvey Weinstein. Weinstein is currently serving a 23-year sentence for sex crimes.

The New York Adult Survivors Act, signed by Gov. Kathy Hochul in May, was modeled on the state’s Child Victims Act, which similarly revived old claims over child sex abuse. Thousands of lawsuits were filed against youth organizations, schools, and churches.

Jeff Herman, an attorney who represents sexual abuse victims, said that the number of adult cases could be lower than child abuse cases. He said that adult cases have an added challenge of determining consent, which usually boils down to a “he said she said.”

Among the cases to be filed is a class action on behalf of victims allegedly abused by former gynecologist Robert Hadden, who worked at hospitals affiliated with New York-Presbyterian and Columbia University.

In October, the hospital group reached a $165 million settlement with nearly 150 patients. It also reached a $71.5 million settlement for a separate group of 79 women in December.

In 2016, Hadden pleaded guilty to two New York state charges of a criminal sex act in the third degree and forcible touching. He is currently awaiting trial in federal court.

Source: Reuters