Survivors Demand Accountability and Reform Amid New York State's Continued Failure to Protect Incarcerated People from Sexual Abuse
NEW YORK, Nov. 13, 2024 /PRNewswire/ -- Slater Slater Schulman LLP and Levy Konigsberg LLP were joined today by nationally renowned civil rights and personal injury attorney Ben Crump of Ben Crump Law, along with more than 350 survivors of sexual assault in New York prisons, at a rally in Lower Manhattan. The participants are demanding accountability and sexual abuse reform measures on the one-year anniversary of New York State's Adult Survivors Act (ASA), which amended state law to allow survivors of sexual offenses for which the statute of limitations had lapsed to file civil suits between November 24, 2022, and November 24, 2023.
Incarcerated persons are often barred from pursuing administrative or criminal action within New York State's existing statutes of limitation. The ASA's lookback window provided the opportunity for countless survivors and their advocates to demand justice for the horrific and decades-long pattern of assault by corrections officers endured by individuals across New York State and City-run facilities.
Following the commencement of this window, Slater Slater Schulman and Levy Konigsberg filed a series of civil actions, collectively alleging that more than 2,200 individuals were sexually assaulted by State employees while incarcerated in facilities run by the New York State Department of Corrections and Community Supervision (DOCCS), the New York City Department of Correction (DOC), and county-run Departments of Correction throughout New York State.
To date, Slater Slater Schulman and Levy Konigsberg have filed a combined 1,553 cases against the State for abuse in state prisons and 686 cases against the City of New York for abuse at Rikers Island, representing only a fraction of the true scale of this epidemic.
"People in power can no longer hide behind rhetoric stating that they 'believe women.' Now is the time to back up that belief with action," said Adam Slater, Founding and Managing Partner of Slater Slater Schulman LLP, who spoke at the rally. "The stories we have heard from the approximately 1,800 survivors my firm represents are harrowing, but also disturbingly similar. They vividly demonstrate the culture of silence and complicity that pervades the corrections system, spanning from supervisors to high-ranking officials. This must end. We need immediate investigation, oversight, sanctions, and justice for our clients. It's the only way to accomplish meaningful reform."
"The State of New York has repeatedly failed to implement adequate measures to prevent the widespread sexual abuse of incarcerated people by correctional staff and continues to make every effort to avoid liability and deter additional survivors from coming forward," said Anna Kull, Partner at Levy Konigsberg LLP, who also spoke today in Lower Manhattan. "Governor Hochul and Attorney General James play a critical role in all of this because this law was passed in the State of the New York. Therefore, not acknowledging these survivors, these lawsuits, nor compensating these women speaks volumes."
"I am proud to stand alongside these courageous survivors as they continue to demand justice and accountability for the horrific abuses they endured in New York's correctional facilities," said civil rights attorney Ben Crump, Founder of Ben Crump Law. "This crisis represents a longstanding failure by the State to protect those in its care, and we will continue to press for immediate action. New York must address these systemic issues and finally take responsibility for the safety of all incarcerated individuals. We won't stop fighting for the justice these survivors deserve."
"The New York State Department of Corrections is an organization tasked with the responsibility of protecting tens of thousands of inmates and officers," said survivor Jackie Farrell, who spoke at this afternoon's rally. "Any officer who crosses this line has breached his title of trusted officer and has not fulfilled the public's trust. While legislation making it a crime for guards to have sex with inmates was passed in 1995, I can count on one hand the officers who were arrested, and no officer was jailed. Now, more than ever, the State must enact the proper resolutions to ensure the safety and security of incarcerated people."
"During the 17-and-a-half years I spent incarcerated at Bedford Hills Correctional Facility, I was denied the right to say no," said Survivor J.F. "The sexual violence I endured was not an isolated incident; it existed long before I arrived at Bedford Hills, and it continues to this day. This is not just a call for justice—this is a call for the basic human dignity that we deserve. We are not invisible. We are not expendable. We are human beings."
"I was incarcerated at Taconic Correctional Facility, and it has been 30 years since I was abused by correctional officers there. But today, I am here to say that what happened to me is not something I should have had to endure," said Survivor E.B. "I am here today to hold those correctional officers and the facilities accountable for what they did to me and thousands of others. Prison should be a place for rehabilitation — not abuse of any kind."
"As we mark the one-year anniversary of the closing of the Adult Survivors Act window I'm filled with gratitude for brave survivors who came together to help us pass this law and the thousands more who came forward to take advantage of it and hold their abusers accountable," said Senator Brad Hoylman-Sigal, Chair of the Senate Judiciary Committee and Senate Sponsor of the Adult Survivors Act. "Today is also a good day to remember that it was the ASA that led to the incoming president of the United States being held liable $88.3 million for the sexual assault of E. Jean Carroll. We demand that the courts enforce this judgment and the judgements of all survivors under the Adult Survivors Act and the Child Victims Act."
"The Adult Survivors Act remains landmark legislation in the arc toward restorative justice in New York State," said Senator Julia Salazar. "I am in support of an extension to this window, which would afford more survivors of abuse the opportunity to consider the scope of restitution supportive to their recovery."
"The Adult Survivors Act cracked open the doors of justice for thousands of survivors who had previously been denied their day in court," said Assemblymember Linda B. Rosenthal, Assembly Sponsor of the Adult Survivors Act. "The ASA proved that no one is above the law – whether it be a soccer coach or a probation officer, abusers were finally held to account for their unspeakable and cowardly crimes. However, we cannot let our foot off the gas now. We must keep the spirit of the ASA alive by fighting, bill by bill, to change the very laws that are intended to muffle the voices of survivors, as well as shield those who prey on them. The fight is far from over, and I look forward to carrying on this mission next session in Albany."
"As we mark the anniversary of the Adult Survivors Act, we must acknowledge the courage of every survivor who has come forward to share their story of horrifying abuse within our correctional system. It's not enough to express belief in survivors—we must act to dismantle the systems that allow such violations to persist," said Assemblymember Catalina Cruz. "New York State has an obligation to protect incarcerated individuals, just like every other survivor in our state, from abuse and to hold accountable those who exploit their power and position. We need urgent reform, stronger oversight, and a commitment to justice for all who have suffered these abuses."
"New York laws cannot be an impediment for survivors of sexual abuse coming forward against their assailants; rather, they should provide the assurance that survivors can do so," said Assemblymember Brian Cunningham. "The Adult Survivors Act is the legal framework we need to ensure that the emotional and physical distress of survivors is not amplified or deepened by a justice system that works against them, but instead serves as an ally not only in their search for meaningful accountability but also in their journey toward healing."
"We stand in solidarity with the courageous survivors who have come forward to demand accountability and justice. The Adult Survivors Act opened a pathway for those whose voices had been silenced, allowing them to seek justice without time limits," said Assemblymember Jeffrey Dinowitz. "Our collective responsibility is to ensure these voices lead to real change within our institutions. New York must act decisively to end the horrific cycle of abuse, protecting the safety and dignity of every individual. We owe it to these survivors, our communities, and future generations to confront this dark legacy and commit to accountability and reform."
"Today marks a deeply meaningful milestone: the one-year anniversary of the Adult Survivors Act, a hard-fought victory that represents transformative progress for survivors of sexual violence. As a survivor myself, I know the importance of this legislation, which not only strengthens protections for victims but validates their experiences in a society that has often turned a blind eye or cast judgment. For too long, the voices and stories of survivors were suppressed, dismissed, and even criminalized. But we refused to remain silent; we demanded justice, respect, and a recognition of our humanity. I'm proud to stand alongside the courageous survivors and advocates who made this possible and to witness the impact of this change on the lives of millions of New Yorkers. This is only the beginning—our fight for justice and healing continues," said New York State Assemblymember Jessica González-Rojas, co-sponsor in the NYS Assembly.
"Our legal system has for far too long failed to address the trauma suffered by adult survivors of sexual assault. And if the survivors were incarcerated in jails or prisons at the time of the abuse, accountability was nearly unattainable," said Assemblymember Latrice Walker. "Today, we say with one voice that the perpetrators of these heinous acts will no longer escape responsibility. I was a proud co-sponsor of the Adult Survivors Act and I'm just as proud on the one-year anniversary to stand with courageous survivors and my colleagues in state government who have provided an opportunity for thousands to get justice."
"Survivors of sexual assault deserve accountability and the opportunity to seek justice," said City Council Majority Whip Selvena N. Brooks-Powers. "The Adult Survivors Act opened critical doors for survivors to pursue the justice they have long been denied. I stand in solidarity with the survivors and advocates as we continue to fight against the systemic abuses in our city and state prison systems and work to ensure that no survivor's voice goes unheard."
"Survivors deserve a fair pathway to justice when reporting the sexual abuse they endured, and the Adult Survivors Act temporarily removed statutes of limitations to provide that opportunity," said Council Member Carlina Rivera. "With over half of the lawsuits filed at the State Supreme Court alleging sexual misconduct against people detained on Rikers Island, the Department of Correction must implement policies to address and end sexual violence in its facilities. I stand with survivors who have bravely come forward and remain committed to securing resources for survivor services, culturally competent community based services, and restorative and transformative justice."
"On the anniversary of the NYC Adult Survivors Act, we reaffirm our commitment to protecting and uplifting survivors of sexual abuse. Survivors deserve to know that the abuse they endured was not their fault, and they should never have to carry the weight of pain alone," said Council Member Althea Stevens. "Together, we stand united in holding those responsible accountable, ensuring that survivors receive the support and respect they deserve as they rebuild their lives."
"As we reflect on the one-year anniversary of the Adult Survivors Act, we celebrate a profound victory for justice, dignity, and healing," said Council Member Yusef Salaam. "This landmark legislation has flung open the courthouse doors, allowing countless adult survivors of sexual assault to step forward, seek accountability, and reclaim their voices. The bravery of survivors—and their unyielding resolve to confront their abusers and demand accountability from the systems that failed them—has driven this movement. Their courage, combined with the tireless advocacy of legislators, like Senator Hoylman and Assemblymember Rosenthal, and advocates, like Ben Crump and the teams at Levy-Konigsberg and Slater Slater Schulman, has sent a powerful message that New York collectively stands on the side of truth and justice."
"It has been one year since the passage of the Adult Survivors Act, a vital step in empowering survivors to seek justice and hold perpetrators accountable for their crimes, regardless of how long ago those crimes occurred. This landmark legislation has given a powerful voice to countless individuals who endured horrific abuse and were previously denied a path toward accountability," said Council Member Dr. Nantasha Williams. "We must demand that New York City and State do more to root out abuse in our correctional systems and ensure that survivors receive the support, resources, and protections they deserve. I stand in solidarity with every survivor and commit to continuing the fight for justice on their behalf."
"Safe Horizon, the nation's largest nonprofit provider of services to victims of violence and abuse, led a statewide coalition of survivors, advocates and attorneys to pass the Adult Survivors Act into law and help forge a broader path to justice for survivors of sexual violence," said Kelly Coyne, Chief Program Officer of Safe Horizon. "Through our combined efforts, over 2,500 lawsuits have been filed on behalf of individuals who were sexually abused as adults but otherwise prevented from seeking justice due to the expiration of the statute of limitations. Each lawsuit represents an attempt to seek accountability and justice for acts of sexual violence that should never have taken place. We are proud to stand today to reflect on the achievements we reached through the ASA and to urge states around the country to follow New York's lead."
The pervasiveness of rampant and unchecked sexual assaults of inmates by prison employees has been recognized and thoroughly documented throughout New York's correctional systems. In 1985, The Correctional Association of New York released a report titled A Neglected Population: Women Prisoners at Bayview, discussing the experience of incarcerated women at the State-run facility. In 1996, Human Rights Watch reported more broadly on sexual abuse of women in U.S. state prisons, including detailed recommendations and issues to consider for federal and state governments.
The U.S. Department of Justice released a 2005 study on sexual victimization in prisons and jails reported by detainees. In addition to these reports, there have been countless lawsuits filed against the State alleging sexual abuse of incarcerated women by male corrections officers during the past four decades, yet the State has repeatedly failed to address the matter with tangible preventative or investigative action.
In 2003, U.S. Congress enacted the Prison Rape Elimination Act ("PREA") to establish national, minimal standards for preventing and responding to the sexual abuse of federal inmates. PREA requires a strict "written policy mandating zero tolerance towards all forms of sexual abuse and sexual harassment outlining an approach to preventing, detecting, and responding to such conduct."
Survivors of sexual abuse need to understand that the sexual abuse was not their fault. Many survivors are forced to live with a lifetime of shame, embarrassment, and severe emotional distress and mental pain and suffering. Help is available and we will not rest until the responsible individuals and institutions are held accountable.
NOTE: Individuals seeking to be linked to resources for sexual assault survivors can call 800.656.HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area. The National Sexual Assault Hotline operated by RAINN (Rape, Abuse & Incest National Network) provides confidential support from trained staff members and can assist with finding local healthcare resources, help talk through what happened, and offer referrals for long-term support.
About Slater Slater Schulman LLP
Slater Slater Schulman LLP is a leading, full-service law firm with decades of experience representing survivors of traumatic and catastrophic events. Our dedicated attorneys are committed to ensuring the best results for our clients through persistence and compassionate representation. With 10 offices in 9 states, Slater Slater Schulman has achieved successful resolutions in some of the most challenging cases in the nation. We have considerable experience with complex, historical sexual abuse cases involving massive institutions, including academic, religious, and youth organizations. Our firm also represents clients in litigation involving pharmaceutical drugs, product liability, environmental law, employment and labor law, medical malpractice, and personal injury, and has proudly represented thousands of World Trade Center survivors. Learn more at sssfirm.com.
About Levy Konigsberg LLP
Based in New York and New Jersey, Levy Konigsberg represents clients nationwide in complex sex abuse litigation. The firm is nationally recognized as a leader in this area of law, having recovered more than $3 billion in compensation since its founding in 1985. https://www.levylaw.com/
About Ben Crump Law
Through his work, nationally renowned civil rights and personal injury attorney Ben Crump has spearheaded a legal movement to better protect the rights of marginalized citizens. He has led landscape-changing civil rights cases and represented clients in a wide range of areas including civil rights, personal injury, labor and employment, class actions, and more. Ben Crump Law is dedicated to holding the powerful accountable. For more information, visit bencrump.com.
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