LI Advocacy Group Says Adult Survivors Act Leaves 'Insufficient' Time

NEW YORK STATE — New York State is almost one month away from opening a one-year window that will create justice for adult survivors of sexual abuse.

The Adult Survivors Act, passed in May by Governor Kathy Hochul, will allow sexual assault survivors to sue for their offenses that occurred when they were over the age of 18 — regardless of the statute of limitations.

The window, which will open on November 24, 2022, and will close on November 23, 2023, comes almost one year after Babylon alumni spoke out about their alleged abuse from school employees.
BHS Alumni & Allies For Change (BAAC), an abuse advocacy group created by alumni, said it was excited to hear about the passage of this law.

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"Namely, it's an important step forward in giving survivors legal pathways to justice. We know firsthand how infrequently sex crimes are reported, in part because of statutes of limitations," BAAC said in a statement to Patch. "Trauma survivors need time to process their experiences, which are especially confusing for young people."

In 2019, the state extended the statute of limitations to 20 years for adults filing civil lawsuits for a select number of sex crimes. However, the legislation only affected new cases and was not retroactive.

The advocacy group told Patch that many survivors who came forward represent only a fraction of the sexual violence statistically endured by young women, especially those who are college aged.

BREAKING: New York State Assembly to pass Adult Survivors Act, allowing survivors to sue their past abusers. It has already passed @NYSenate “It appears there is enough support to take this up before the end of session.” -@mwhyland speaking for @NYSA_Majority — Zack Fink (@ZackFinkNews) May 19, 2022

While they hope it is the beginning of "meaningful legislation," the group said that one-year period is an "insufficient time."

Many alumni who spoke out at the November 15, 2021, board of education meeting, they said, do not qualify for the act, because they were children at the time.

In 2019, New York passed the Child Victims Act, which created a one-year look-back window for survivors of childhood sexual abuse to file claims otherwise barred by the statute of limitations.

The period for this legislation was extended due to the pandemic, and eventually closed in August 2021.
However, it was not enough time for Babylon, survivors feel.

"The Child Survivors Act look-back window closed in August of 2021, just a few months shy of the great reckoning in Babylon," the group said. "So what does that tell you? It tells you that there was not enough awareness about this legislation, and we can only assume the same will be true for this upcoming look back window."

While many survivors who came forward spoke out about their abuse when they were students, others said they experienced the trauma into adulthood.

“He told me that he wanted to wait to have sex with me until after my 18th birthday so that no one could say that what we were doing was wrong,” she wrote in an eight-page letter to the school district.

The advocacy group told Patch that due to existing laws, many survivors' claims will be seen as invalid.

"Furthermore, much of what the Babylon survivors experienced is not currently codified as criminal. According to New York State law, a 17-year-old high school student can legally consent to sex with a 40-year-old teacher," the group said. "In 2022, I hope we can all agree that a 40-year-old teacher pursuing a sexual relationship with their student is violating their moral and ethical duty to that individual."

Still, the group encourages anyone who is eligible to sue, to seriously reflect on the matter.
"We hope that the outcry last fall was a catalyst for all those wrongly violated to reflect anew on the past wrongs committed against them.

"The decision to file a report is a very personal one," the group said. "BAAC encourages all adult survivors to begin reflecting on what it might mean for their healing journey to pursue civil action against their perpetrator so that they don't lose the opportunity to take advantage of the look back window when it opens later this year."

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The group also emphasized that those who do decide to speak out will be supported by other survivors.

"Opening up about my past was painful, and I did receive backlash, but I wouldn't change a thing," said member Darcy Bennet. "After coming forward with my story, I felt validated about my experiences and felt a sense of community with the other survivors and allies."

The Adult Survivors Act window will also open about six months after Timothy Harrison, a former Babylon teacher and sports coach, was arrested in March and charged with raping a 15-year-old student in 2013. He has pleaded not guilty.

According to the board of education, the student was inspired to make a complaint after numerous alumni spoke out at a November meeting and said that they experienced sexual and emotional abuse from teachers. Attorney General Letitia James also conducted an investigation into the Babylon School District in November, after hearing the accusations.

About one month ago, the district also passed Policy 9150, or "School District Adult-Student Relations", which authorizes staff to create an "effective and safe learning environment" and sanctions consequences for employees who fail to do so.

The group said it is continuing to work with the district regarding the act.

"The Adult Survivors Act is an important piece of legislation for accountability, and we welcome any and all avenues for survivors of sexual abuse to seek justice," said board president Carol Dell'Erba in a statement to Patch. "From the moment we learned of what had transpired against female students in this district in the past, we encouraged anyone with similar experiences to come forward, and we have treated all of the allegations with the seriousness that they deserve."

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Two weeks ago, the district also announced the creation of a Citizen Advisory Committee, to encourage dialogue among members of the community on matters of district concern.
Dell'Erba also said that it intends to revise and create its own policies, to create a safe environment in all schools.

"In addition to referring the cases to law enforcement, and launching our own internal investigations, we have also taken concrete steps to ensure that these unthinkable acts will never happen again in this district," said Dell'Erba. "We are also working on approving a new sexual harassment policy that will continue to strengthen protections for our students, and create a renewed sense of safety and trust in our schools."

Bennet also told Patch she is grateful to be acting as a collective.

"I stand by my story, I will continue to fight for survivors," she said. "I am grateful to be working with such a great team to prevent this happening again."

In March, the group praised the student in the Harrison case:

"We're here for you. We know exactly what you're going through, and how difficult this is," said member Barbara Maier. "You're a part of our family. So don't ever hesitate to reach out to us, either. We have your back."

To read Patch's coverage on this topic, check out the following links:

• LI District Creates Citizen Advisory Group After Teacher's Rape Charge
• After LI Teacher's Rape Charge, School District Installs Safety Policy
• Long Island Teacher Resigns After 'Disturbing Allegations'
• LI Woman Accuses Teacher Of Sexual Abuse: 'We Deserve An Apology'
• 'Predator' Teachers Accused Of Abuse Reassigned; Kids Walk Out
• AG Launches Investigation Into Babylon School District
• Former BOE Head Says LI Superintendent Knew About Abuse Reports
• Sexual Abuse Survivors Interrupted, Silenced At LI BOE Meeting
• Ex-Student On LI Teacher's Rape Charge: 'They Didn't Believe Us'
• Babylon Alumni React To Teacher's Arrest: 'Your Pain Is Valid'
• Babylon BOE To Hold Virtual Meeting
• 'Disturbing Allegations' About LI Teacher Spark Investigation