ALBANI, New York – Drew Dixon spent 22 years, not talking about what happened to her.
But in 2017, she joined a choir of women voted for the first time on some of the worst experiences of her life. For Ms. Dixon, this meant going public with The New York Times with a long-suppressed claim that media mogul Russell Simmons had raped her.
The response was quick and seismic: wide media attention, Twitter conversations, a documentary. There was solidarity, reaction and, ultimately, a sense of peace.
But there would be no criminal case or lawsuit against Mr. Simmons: the statute of limitations for both had long expired in two decades, and Mrs. Dixon remained silent.
But Ms Dixon will soon have the opportunity to reconsider the prosecution of her case.
The National Assembly on Monday passed an overwhelming majority of the Adult Survivors Act, which allows adult victims, those aged 18 or over during alleged violence, such as Ms. Dixon, a one-time opportunity to file civil cases in New York, even if there are such expired ones. The bill, which is expected to be signed by Governor Katie Hochul, reflects the New York Victims of Victims Act and gives adult survivors a one-year trial period.
Supporters described the measure as an act of “restorative justice” that would allow victims some degree of responsibility and compensation, while discouraging individuals and institutions from turning a blind eye in the future.
The passage of the bill contradicts the sexist reputation of the State Capitol, where stories of sexual harassment and assault have long haunted the corridors, leading to the formation of a sexual harassment task force that includes former lawmakers who say they have survived or reported sexual harassment. brake in Albany. And with high-ranking political figures such as former Gov. Andrew M. Cuomo and Attorney General Eric Schneiderman resigning after allegations of sexual misconduct, it seems possible that the New York government itself will see some legal responsibility if the bill becomes law.
The Survivors Act passed through the State Senate last year, but stopped in the Assembly, which supporters hoped to avoid this year. To this end, they ran a fiery campaign in favor of the measure, calling and writing to lawmakers and repeatedly going to Albany for press conferences.
In April, the bill was passed unanimously in the US Senate and passed the meeting on Monday with 140 votes against.
The Child Victims Act, passed in 2019, created a similar retrospective window for people under the age of 18 at the time of the alleged violence. This has led to more than 10,000 lawsuits, according to the Judicial Administration Service, which runs the state judiciary.
Lawyers have fought for 13 years to pass the law, fighting institutional opposition from Boy Scouts of America and the Catholic Church, among others, who feared legal exposure. They had a right to worry: they both sought protection against bankruptcy, in part because of the financial burden of the lawsuits.
The bill’s sponsor, Linda B. Rosenthal of the Upper West Side, said the current laws are a remnant of a time when sexual violence laws were written to protect abusers.
“It’s no secret why many survivors don’t come out,” Ms. Rosenthal said. “They are afraid of revenge. They are ashamed. They worry about the consequences for them and their loved ones. Or they feel that no one will believe them. “
Some, like Ms. Dixon, may have felt compelled to choose between going ahead and building a career.
“There was no way I could have survived my career if I had called the king of hip-hop,” said Dixon, a music producer for Mr Simmons, who denied the allegations. “It simply came to our notice then. And I wanted to do the thing I love because I was good at it. ”
Ms. Dixon has not decided whether to file a lawsuit. But she welcomed the prospect of other survivors finding a measure of justice in the civil court, which she found in the court of public opinion. She added: “All survivors deserve the opportunity to be heard and examined with the rigor that will make it accessible, so it’s not just ‘he said, she said.'”
She believes the bill will give older survivors, especially those who have achieved some degree of success and stability, a reason to speak out – allowing them to bear some of the burden currently borne by more recent victims whose wounds are the freshest and which may be more vulnerable.
Despite a fiery campaign to pass the measure amid bipartisan support, the lack of progress in the middle of the legislative session suggests the bill looks likely to be delayed for another year.
Several MEPs expressed concerns that a small group in the Assembly was quietly emerging, several of them lawyers, saying the language of the bill was too broad.
Assembly member Thomas J. Supporters from Westchester County, who support the bill, said some lawmakers have questioned whether public employers, such as schools, should be held accountable for mistakes made while monitoring their predecessors decades earlier.
“Should today’s taxpayers be held accountable for actions taken many, many years ago, when the current administration has since changed its policy?” Said Mr Abinanti.
Some in the Assembly wondered whether the retrospective window should be limited to 20 years in order to avoid problems stemming from outdated evidence, deceased witnesses and false memories.
“Insurance companies say, ‘We haven’t represented you much before.’ You can’t even find the records to find out who the insurance company was before,” Mr Abinanti said. “That’s the whole point of prescription.”
Proponents of the bill say the same questions were asked and answered during negotiations on the Child Victims Act 2019.
“The case remains that the survivors will have to prove their point,” said Liz Roberts, chief executive of Safe Horizon, a victim services firm that insisted on both pieces of legislation. “So they face the same, you know, challenges of the past, which the organization or person defending the case is facing.”
“The bill does not allow them to win their case,” she said. “It just allows them to present their case.”
Supporters gathered for an emotional press conference Monday afternoon before the bill was passed, with many lawmakers talking about their own experience of abuse – some for the first time.
“Lawmakers, thank you all,” said Mary Ellen O’Loughlin, a survivor who runs the Violence Survivors Foundation. “And for predators and rapists, you have to worry.
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