What Are Your Rights: New York Adult Survivors Act

Recorded on November 23, 2022

In this week’s “What Are Your Rights?” segment, managing partner Paul Harding of Martin, Harding & Mazzotti, LLP is on CBS6 to help explain New York’s Adult Survivors Act.

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Announcer: The following segment is sponsored by Martin, Harding & Mazzotti.

Interviewer: Well, in this week’s “What Are Your Rights?” We’re talking about the Adult Survivors Act. Managing partner, Paul Harding from Martin, Harding & Mazzotti is here to talk about it. So, who does the Adult Survivors Act help?

Paul: Sure. So, it’s folks who were adult, 18 years and over, who were sexually abused, who at this point can’t maintain a claim. It may have been 5 years ago, 25 years ago, while they were working in corporate America. While they were a student, while they were in jail, while they were in other place. Time passed. This is gonna resurrect that time period to maintain a claim.

Interviewer: And abused as an adult?

Paul: Abused as an adult, yes.

Interviewer: Okay. Yeah. So, what is the lookback window?

Paul: So, it’s gonna be a one-year lookback window. Starts tomorrow, goes to November 23rd, 2023. And so, you have that one year to maintain a claim. And again, it could have occurred 30 years ago, 40 years ago, and that’s gonna give them the window to file the claim.

Interviewer: And so, I was gonna just say, what does this act cover then?

Paul: So, it’s sexual abuse, you know, rape and sodomy and unlawful touching, you know, things that occurred, and you… and some folks, you know, just didn’t do anything. And maybe they want the opportunity to do it. The legislature is gonna give them that opportunity. Again, one-year lookback window starting tomorrow.

Interviewer: Gotcha. And this is a big deal too, especially I feel like in light of the Me-Too movement that’s happened in the last couple of years.

Paul: Yeah. Sure is. You know, again, it’s an opportunity to be heard, right? You know, no one’s sitting around thinking, well, it’s gonna be a civil claim, not a criminal claim. So, not gonna resurrect criminal penalties, but the ability to maintain money damages, right? So, but people are…want the opportunity to at least have the accuser sitting down, recognizing it occurred, and maybe pay some compensation. So, that’s what this is about. It’s about being heard.

Interviewer: Okay. All right. Paul, thank you so much.

Paul: You’re welcome.

Interviewer: I appreciate it.

Paul: Sure.

Interviewer: Well, for more info covered in our weekly, “What Are Your Rights” segments, or to send us a story idea, just head to our website, cbs6albany.com.

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