The ‘groundbreaking’ law that inspired Cassie and E. Jean Carroll to seek justice is expiring. Sexual assault survivors need more like it

“I have decided to resolve this matter amicably on terms that I have some level of control,” Ventura said in a statement. “I want to thank my family, fans and lawyers for their unwavering support.”

Though the alleged incidents outlined by Ventura occurred between 2005 and 2019, Ventura was able to bring her suit under the Adult Survivor’s Act (ASA), a New York law that was signed by Gov. Kathy Hochul last year and expires Thursday. Under the law, the usual statute of limitations for filing sexual abuse suits was suspended, giving survivors of years-old abuse a second chance to seek justice.

And over the past year, thousands brought civil suits, according to the Associated Press, with the cadence picking up over the past few weeks as the expiration date drew nearer. In addition to Ventura, an early Bill Cosby accuser filed suit against him this week, the actress Julia Ormond sued Harvey Weinstein last month, and earlier this year the writer E. Jean Carroll sued former President Donald Trump for sexual abuse and defamation related to an incident that occurred in the 1990s, ultimately winning $5 million in damages. Survivors have also sued medical providers and schools, as well as New York state, New York City, and local counties. Many plaintiffs are formerly incarcerated and allege abuse while in prison.

After tomorrow, though, some survivors will once again be prohibited from seeking recourse. And while the one-year window was meaningful for many, it is not nearly long enough for all potential victims to receive justice, New York attorney Mariann Wang, who has represented many plaintiffs in sexual assault cases, told me.

“The ASA was a groundbreaking recognition that it takes many years, and often decades, for victims and survivors of sexual assault to process their harm…before they can pursue their rights,” says Wang.

Carroll’s case exemplifies why the law was so necessary. “I was born in 1943,” Carroll said on the witness stand earlier this year, explaining that as part of the so-called Silent Generation, holding Trump accountable when the incidents took place hadn’t occurred to her. “The fact that I never went to the police is not surprising for someone my age.”

But Carroll, like many other survivors, has altered her thinking around sexual abuse over the years. Changing the way individuals and society think about issues is typically a slow process, Michael Polenberg, vice president of Government Affairs at Safe Horizon, the largest victim services nonprofit organization in the U.S., told me. But a series of events over the past few years has accelerated our understanding of sexual violence and how survivors respond, including the #MeToo movement sparked in earnest by allegations against Weinstein; the widespread abuse reported in the Catholic Church in Pennsylvania; and the case against former USA Gymnastics doctor Larry Nassar, among others. 

For the past year, Carroll and other adult survivors have been able to work through the trauma and find the strength to come forward, says Polenberg. But there is still work to be done. He hopes that laws at the local, state, and federal level will better reflect the lived experience of survivors.

“We evolve, and we understand things better than we did the day before, the week before,” says Polenberg. “My hope is that it will lead to real change. I’d like to think we’re going to continue moving in this direction.” 

Alicia Adamczyk
[email protected]
@AliciaAdamczyk

The Broadsheet is Coins2Day’s newsletter for and about the world’s most powerful women. Today’s edition was curated by Joseph Abrams. Subscribe here.

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- Trust fall. Del Harvey left her position as head of trust and safety at Twitter (now X) months before Elon Musk bought the social media site and gutted her entire team, a decision she told Wired she saw as “baffling.” Harvey says content moderation teams need robust resources to make fully-informed decisions in tense times—tools she didn’t have when leading the platform through the Jan. 6 insurrection and a feud between accounts associated with the Israel Defense Forces and Hamas in 2012. Wired

- Citi sued. Ardith Lindsey, a managing director at Citigroup, sued the company Monday claiming it fosters a misogynistic culture that subjected her to “horrifying” sexual assault and harassment. Lindsey claims she was sexually assaulted by a superior in 2007 and later coerced into a relationship with a former managing director who threatened to harm her and her kids when she ended their relationship. Citigroup said it would defend itself against the lawsuit and called the former managing director's alleged behavior “deplorable." Bloomberg

- Post-Roe echoes. Anti-abortion rhetoric is on the rise in Russia as government officials use the issue to distract from the ongoing war in Ukraine and explain historically low birthrates. Russia has a long history of legal abortion. It was the primary means of contraception for decades; in 1964 women had, on average, six abortions each. But now the government is drawing false comparisons between a low birth rate and currently low abortion rate. Financial Times

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PARTING WORDS

"I've talked to a number of women who are older than me who made it as CEO, or CFO, in their company. And there's some regret that they didn't do it in concert with other women. They didn't pull other women up and along with them. The generation that we've been part of—Michelle and I are essentially the same age—we've wanted to pull everybody up with us"

—Melinda French Gates on her partnership with former First Lady Michelle Obama and lawyer Amal Clooney to end child marriage