Unraveling Justice: Surge of Lawsuits Anticipated as NY Adult Survivors Act Nears Expiry Amidst Allegations Targeting Trump and Cosby

Unraveling Justice: Surge of Lawsuits Anticipated as NY Adult Survivors Act Nears Expiry Amidst Allegations Targeting Trump and Cosby

  • 24.11.2023 05:13

As the clock ticked down on the one-year timeframe granted by the Adult Survivors Act (ASA), a tidal wave of sexual abuse claims crashed against prominent figures, including Donald Trump and Bill Cosby. Enacted by Governor Kathy Hochul on May 24, 2022, the ASA suspended the typical time restrictions for filing lawsuits related to alleged sexual assaults, igniting a surge of legal actions that reached over 2,600 cases in state courts within the past year.

For survivors like Laurie Maldonado, who accused disgraced gynecologist Robert Hadden of abuse in 2012, the ASA provided an unexpected avenue for justice and healing. Maldonado expressed the profound impact of the policy on her life, highlighting the crucial opportunity it afforded survivors to address long-suppressed grievances.

The wave of litigation included a spectrum of high-profile cases, with claims filed against individuals like Axl Rose, frontman of Guns N’ Roses, and actor Cuba Gooding Jr. The latter faced two suits on Wednesday, stemming from separate incidents of alleged groping and forced kissing in Manhattan, incidents to which Gooding Jr. had previously pleaded guilty in 2022 on reduced charges of harassment.

The final moments before the expiration of the ASA's "look-back" window saw a flurry of new cases, such as the suit brought forth by Penthouse model Sheila Kennedy against Axl Rose, alleging a violent sexual assault in a New York City hotel room in 1989. Model Minerva Portillo also filed a claim against photographer Terry Richardson, asserting he coerced her into oral sex during a 2004 shoot, later displaying the images without her consent in an art exhibition and a 2006 book.

While some critics argue that the ASA's window was too brief, attorneys representing survivors find solace in the existence of the Gender Motivated Violence Act, a lesser-known city law allowing victims to file sexual abuse claims until 2025. Originating from the Child Victims Act, the ASA aimed to extend to adult survivors the same opportunities previously granted to victims of childhood abuse during the two-year look-back period from August 2019 to August 2021. The legislation empowered survivors to hold both alleged perpetrators and the institutions that enabled the abuse accountable, offering a chance for overdue justice in a condensed but impactful timeframe.

The impact of the Adult Survivors Act (ASA) extended beyond high-profile names like Trump and Cosby, ensnaring other celebrities such as Sean "Diddy" Combs, Russell Brand, and Marilyn Manson in a web of allegations, with accusations ranging from rape to abuse. Each of these figures vehemently denied the claims, setting the stage for a complex legal battle under the ASA.

Notably, the ASA became a tool for justice against medical professionals, with hospitals facing lawsuits for allegedly enabling the abuse of patients by Robert Hadden, a prominent gynecologist later convicted of sex trafficking. A significant portion of the state cases originated from individuals who asserted they were sexually assaulted while incarcerated in state or city jails and prisons.

E. Jean Carroll, a Trump accuser, achieved a landmark victory with a $5 million judgment against the former president after filing suit under the ASA on the first day of the look-back window last year. The legal saga continued, with R&B singer Cassie suing Sean "Diddy" Combs in federal court under the ASA, accusing him of rape and abuse over a decade. The case was swiftly settled the following day.

Even figures like Harvey Weinstein faced renewed legal challenges, with actress Julia Ormond filing a lawsuit in October alleging a 1995 sexual assault. Weinstein staunchly denied the allegations, reflecting the varied and complex nature of cases brought under the ASA.

Beyond the realm of celebrity, over a hundred men brought lawsuits against Manhattan urologist Darius Paduch, accusing him of sexual abuse under the guise of medical treatment. Paduch faces a pending criminal case, maintaining his plea of not guilty.

Critics, including lawyers specializing in sexual abuse cases, argued that the one-year window provided by the ASA was too brief, especially in comparison to the Child Victims Act's (CVA) extended two-year period due to the pandemic. The CVA witnessed nearly 11,000 claims filed in the state, prompting concerns about the feasibility of survivors recovering and pursuing legal recourse within a compressed timeframe. Despite these challenges, Anthony T. DiPietro, who handled hundreds of ASA cases, expressed gratitude to the state legislature for opening the "look-back window," offering victims and survivors a crucial opportunity to come forward and pursue justice.

Attorneys Susan Crumiller and Carrie Goldberg, integral members of the Survivors Law Project managing around 24 Adult Survivors Act (ASA) cases, are gearing up to push for an extension of the legal window. Collaborating with State Senator Brad Hoylman, the original sponsor of the ASA bill, they aim to reopen the opportunity for justice, advocating for at least an additional year. Crumiller emphasized the pervasive lack of awareness regarding the ASA, underscoring the unique challenges survivors face in grappling with the aftermath of sexual abuse and trauma. Unlike other injustices, the healing process takes time, making it crucial to afford survivors the necessary duration to identify and decide whether to pursue legal action.

Lawyer Mallory Allen, known for initiating 194 claims against Dr. Darius Paduch, expressed concerns about the potential lack of awareness among the doctor's alleged victims. Many may not be informed about the public accusations of abuse, leaving them in the dark about their rights. Allen anticipated discovering new cases in the years to come, tragically having to inform these individuals that the legal window has closed. She highlighted the pressing need for statutory reform to address such scenarios.

Gina Tron, a client of Crumiller and Goldberg, shared her journey of grappling with the decision to sue a man she alleges kidnapped and raped her in Brooklyn in 2010. As an adjunct professor and writer residing in Vermont, Tron took almost the entire year to make the difficult choice to file a claim, emphasizing the profound impact of delayed justice on survivors. Tron acknowledged the complexities of seeking justice, stating that the legal process won't alter the past but could offer a sense of healing, closure, and validation.

Tucker Coburn, one of Paduch's alleged victims, revealed the challenges he faced in coming to terms with the abuse he endured at 18 in 2016. Denied the opportunity to file a police report in 2020 due to statute of limitations, he found renewed hope and empowerment through the ASA. Coburn, now 26, learned about the ASA after reading a story in The Post about the first lawsuit against Paduch, prompting him to take legal action in April. His experience underscores the potential transformative impact of extending the legal window for survivors seeking justice after enduring years of silence and uncertainty.

For survivors Laurie Maldonado and Gina Tron, the opportunity to bring their cases under the Adult Survivors Act (ASA) has become a profound chance at both justice and healing. Maldonado, a Queens mom and professor at Columbia University, spoke about keeping her painful experience hidden for over a decade, emphasizing that coming forward was the most challenging thing she has ever done. By sharing her story, Maldonado believes she has the chance to rewrite her narrative and prevent such traumas from happening to other girls and women. For Tron, the ability to file a civil claim after a criminal case against her alleged rapist fell through represents a significant opportunity for justice, instilling hope that her experience will be acknowledged and matter in the eyes of the law.

Tucker Coburn, another survivor, found meaning in seeing Dr. Darius Paduch halted from treating patients. Coburn emphasized that his goal was to ensure Paduch would not practice medicine, underscoring the impact of the lawsuits in bringing about tangible consequences and protecting future patients from potential harm.

As the ASA window inches towards closure, survivors like Maldonado, Tron, and Coburn find solace in the extended opportunity provided by New York City's Gender Motivated Violence Act (GMVA) until March 2025. Anthony T. DiPietro, an attorney representing survivors, highlighted that the path to justice remains open under the GMVA for those who have yet to come forward. Susan Crumiller, an advocate for survivors, noted the advantages of the GMVA, emphasizing that victims can seek legal fees from their assailants if they prevail in their case, distinguishing it from the ASA.

While the Department of Corrections and Community Supervision refrained from commenting on potential litigation, it emphasized ongoing measures to prevent sexual victimization in jails. High-profile figures like Axl Rose, Robert Hadden, Cuba Gooding Jr., and Terry Richardson, through their lawyers and representatives, did not respond to requests for comment. The resilience of survivors and the evolving legal landscape reflect a collective push for justice and reform, shedding light on the complexities of addressing sexual abuse and exploitation.

In conclusion, the stories of survivors Laurie Maldonado, Gina Tron, and Tucker Coburn illustrate the transformative impact of the Adult Survivors Act (ASA) and the ongoing pursuit of justice for victims of sexual abuse. Their courage in coming forward has not only allowed them to seek legal recourse but has also become a catalyst for healing and rewriting their narratives. As the ASA window approaches its close, the extended opportunity provided by New York City's Gender Motivated Violence Act (GMVA) offers a continued path to justice until March 2025, providing hope for those who have yet to share their stories.

While the ASA faced criticisms for its one-year timeframe, advocates like Susan Crumiller emphasize the strengths of the GMVA, which not only extends the window for survivors but also allows them to seek legal fees from their assailants in the event of a successful case. The Department of Corrections and Community Supervision underlines its commitment to preventing sexual victimization in jails, even as it refrains from commenting on potential litigation.

Despite the challenges, survivors and their advocates express gratitude for the progress made, acknowledging the tangible impact on alleged perpetrators like Dr. Darius Paduch. The collective push for justice and reform continues, highlighting the ongoing complexities of addressing sexual abuse and exploitation in society. As the legal landscape evolves, the resilience of survivors remains a driving force in shaping a more just and compassionate response to their experiences.