Which States Have an Adult Survivors Act?  What is it?

In 2022, New York State passed a law called the Adult Survivors Act modeled on its Child Victims Act.  The Child Victim’s Act previously extended the statute of limitations for sexual assault claims by people assaulted as minors and created a “lookback” window, during which the statute of limitations was suspended and even those with old, expired cases could come forward to sue.

The Adult Survivors Act is similar, but it applies to those abused as adults.  This allows claims for sexual abuse and sexual assault to be filed at any time before the “lookback window” closes, so long as they were filed between November 2022 and November 2023.  This law has since been replicated or had similar laws modeled on it in other states, though legal challenges have made it harder to institute similar laws in other states.

For help with your sexual abuse claim, call the attorneys for sexual abuse at The Law Office of Andrew Shubin today at (814) 826-3586.

New York’s Adult Survivors Act History

As mentioned, the Adult Survivors Act in New York was modeled on the Child Victims Act.  That Act had previously been used to put a blanket extension on the statute of limitations going forward, but it also created a “lookback window,” allowing any claims to be filed during that window, even if they were otherwise barred because of the statute of limitations.  Due to the success of that law, New York passed an adult version, too, calling it the Adult Survivors Act.

The Child Victims Act was incredibly successful in allowing minors abused as children to come forward years later and seek justice for what happened to them.  Record numbers of sexual abuse claims were filed against the Catholic Church and other institutions accused of sexually abusing minors, and millions of dollars were paid to survivors and their families for what happened to them.

The initial lookback window for the Child Victims Act ran through the start of the COVID-19 pandemic in early 2020, and, due to the difficulty of filing and handling court cases at the time, it ended up being extended further into August 2021, at which time the window closed.

The Adult Survivors Act was signed after the success of the Child Victims Act, giving adults a similar lookback window, during which they could file sexual abuse claims that might have expired a long time ago.  The Act also extended the statute of limitations going forward so that new victims of sexual abuse as adults have 20 years to file their claims – though this extension was not retroactive.  Instead, expired cases needed to have been filed before the window closed in 2023 to take advantage of the retroactive nature of that part of the law.

While the lookback window was open, a number of high-profile cases were filed, including E. Jean Carroll’s sexual battery claim against Donald Trump.  In addition, claims were filed against Bill Cosby and Sean “Diddy” Combs, along with a number of notable names.

What Do the Adult Survivors Act and Other “Revival” Laws Do?

Adult survivors acts modeled after the one in New York create lookback windows during which the statute of limitations is suspended.  A statute of limitations is a law that puts an outside filing deadline on a case, meaning that you cannot file your claim for sexual abuse after the statute of limitations has already run.  By suspending that rule, the legislature allows old cases to be filed, even if they happened decades ago, even if the abuser has since passed away, and even if the victim was previously barred from filing their case.  Usually, these laws also extend the statute of limitations going forward.

These laws are sometimes called “revival laws” in that they bring back dead claims and allow them to be filed again.  Some states may try to use other “revival” tactics, such as extending expired statutes of limitations such that they might reach to present day.

States that Have Adult Survivor Acts for Sexual Abuse

Many states jumped on creating child victim acts of their own, opening lookback windows to help victims come forward with their old claims of sexual abuse.  However, children are often an easier rallying point politically, and many states did not bring that same energy to helping adult survivors.  As such, fewer states passed adult survivor acts.

As time goes on, more states may open additional lookback windows, but more importantly, these windows are only open for a limited time.  As time goes on, these windows will also close.

As of the writing of this article in late 2024, the following states currently have open lookback windows for adult survivor acts.  This list was created referencing a list of child lookback windows from Child USA.

These laws allow adults to file previously time-barred sexual abuse claims for abuse that happened while they were over 18.  Our list does not include some laws that are included on Child USA’s list, as that list focuses on laws pertaining to child victims.  For our list of states with childhood sexual abuse lookback windows, we have another article.

We also excluded any laws that have closed windows or have been struck down as unconstitutional, such as Colorado’s Child Sexual Abuse Accountability Act.  Lastly, we also left out any lists that do not include revival of old claims in some way, as this is a core feature of these acts.  However, more states than the ones listed have extended statutes of limitations periods going forward, though they might not have lookback windows or retroactivity.

In any case, it is always important to check with our lawyers for sexual abuse victims and to check the current laws of your state, as these laws can change quite quickly.

Arkansas

Arkansas enacted a revival statute that brings back old cases with a lookback window that extends from August 1, 2023, until 30 months later on February 1, 2026.  However, this lookback window only applies to minors and adults who were considered “vulnerable” because of a mental health condition or similar disability.

Connecticut

Connecticut implemented a revival statute with no lookback window that helps child victims as well as adults abused before age 21 to file as long as they do so before turning 48 (30 years from turning 18).

Nevada

Nevada removed their statute of limitations, applying this to any adult sexual abuse case as long as the defendant has already been convicted of a crime for the abuse.

New York – New York City

While New York State’s original Adult Survivors Act has had its window closed by now, New York City actually has a law passed by its council that revives civil claims in a 2-year window if they involved a crime motivated by gender.  This can include sexual abuse or sexual assault, as that is inherently sex-based or gender-based.  This only applies to claims in New York City and only applies until March 1, 2025 (2 years and 6 months after September 1, 2022).

Problems with Implementation

Some states have found trouble with enacting their own adult survivor acts, including the following:

Retroactivity is Sometimes Unconstitutional

One of the biggest issues with lookback windows is that they are essentially “retroactive,” meaning that they affect old cases and uproot the rules surrounding cases whose time might have already passed under the law that existed at the time of the alleged abuse.  Some state constitutions allow retroactive laws in certain circumstances or if the law specifically states it is acting retroactively, but other states have prohibitions on these kinds of laws, making them illegal.

This is what happened to overturn Colorado’s CSAAA in a 2023 case.

Retroactivity Violates Defendant’s Rights

Some states have held that attempts to create lookback windows or retroactive sexual abuse statutes of limitations violate the defendant’s rights.  For example, the Louisiana Supreme Court, in analyzing their child victims act, held that the priest defendant in that case had a “vested right” not to be sued.  Essentially, they found that the Louisiana Constitution’s right to property and due process means that, since the previous statute of limitations expired, it was now the defendant’s right to keep their property and to enjoy not being sued.

Louisiana is a bit of a legal outlier in U.S. law, given that it has quite a different legal history in French law as opposed to the general background that states have in English Common Law.  This may make it hard for other states to rule similarly in their supreme courts, but it is possible other states could deny claims on these grounds, too.

Alternative Laws

Rather than create a lookback window, many states do not actually need an adult survivor act to work like New York’s.  This really isn’t a problem, but instead usually gives survivors additional rights by either abolishing the statute of limitations or actually extending the deadline to file for existing claims or previously barred claims, potentially giving more than just a 1-year lookback period to victims.  When states take more steps – such as extending the deadline, making it retroactive, and changing the statute of limitations going forward – there is more likely to be litigation on these issues.

Call Our Lawyers for Sexual Abuse Victims Today

Reach out to The Law Office of Andrew Shubin’s lawyers for sexual abuse victims at (814) 826-3586 for a free case review.