ALBANY, N.Y. — On Wednesday, legal representatives debated in front of New York’s highest court regarding the level of specificity required for a man’s lawsuit alleging sexual abuse that took place several decades ago. This case is of significant interest to advocates who are concerned about the legal framework surrounding the recollection of traumatic events by survivors.
The office of Attorney General Letitia James is requesting the dismissal of the man’s case, in which he asserts that he was sexually assaulted multiple times at a state-operated theater in Albany from 1986 to 1990, beginning at the age of 12. The lawsuit stems from a 2019 state law that empowers individuals to file lawsuits over sexual abuse experienced as minors, even if the events occurred long ago.
During the proceedings, an attorney representing the state argued that the lawsuit lacks detailed descriptions of the alleged abuse and that the time frame provided by the claimant is overly vague, failing to meet the necessary legal requirements for suing the state.
“This doesn’t have to pinpoint a specific date, but it should fall within a much narrower range,” stated Jeffrey Lang from the attorney general’s office. He emphasized the necessity for precise time frames in order for the state to investigate claims thoroughly and evaluate its potential liability.
This particular case pertains solely to the state’s requirements for legal action, leaving private organizations outside of the discussion. Advocates for the Child Victims Act, which temporarily removed barriers for civil suits related to child sexual abuse, are concerned that strict requirements may hinder survivors’ chances of seeking justice—arguing that victims often struggle to recall specific details due to the nature of their trauma.
The claimant’s lawyer supported this viewpoint during the arguments. “When this claim was first filed nearly four years ago, this was all the information he could provide due to the lasting psychological impact,” said attorney Seth Dymond.
The lawsuit, initiated in 2021, claims the man was subjected to repeated instances of rape, molestation, and fondling by various individuals, including state employees, at The Egg, a performing arts venue within the state Capitol complex. The Associated Press generally withholds names of sexual assault victims unless they choose to identify themselves publicly.
Initially, a judge from the Court of Claims dismissed the lawsuit due to insufficient specific dates. However, a mid-level appellate court overturned this decision in November 2023, asserting that, given the lengthy time elapsed since the incidents occurred when the plaintiff was a child, the multi-year time frame presented was sufficiently descriptive.
This case is part of approximately 300 lawsuits filed against the state under the Child Victims Act during a two-year period. Most of the over 10,800 lawsuits logged before the closure of the filing window in 2021 were directed at private entities, including religious institutions, healthcare facilities, and schools.
The ongoing legal discussions have underscored a tension between James’ reputation as an advocate for victims and her duty to protect the state against legal claims. A representative from her office acknowledged that survivors of child sexual abuse “deserve the chance to seek justice through the processes established in the Child Victims Act.” However, they also highlighted the obligation to defend the state’s interests while striving to support survivors.
James has pointed out that the state legislature had the opportunity to implement different legal standards specifically for suing the state when drafting the relevant laws. Advocates and legal representatives for survivors expressed apprehension that a favorable ruling for the state could jeopardize other ongoing cases under the Child Victims Act, along with those submitted under the Adult Survivors Act, which has resulted in over 1,400 lawsuits, primarily alleging abuse within state correctional facilities.
Advocate Gary Greenberg criticized the state’s approach, interpreting it as a denial of victims’ rights to be heard in court. “The state seems to convey that they do not have faith in victims and will not permit them their opportunity for justice,” he stated.
Dale Margolin Cecka, a professor at Albany Law School, noted that James’ primary responsibility is to defend the state. By bringing the appeal to the highest court, she aims to clarify the uncertain legal standards associated with lawsuits under the Child Victims Act. “She cannot simply conclude that a situation is so egregious that we will not defend our client,” Cecka explained, referring to the state of New York.
