Attorney Ben Crump and Slater Slater Schulman LLP to File Series of Lawsuits on Behalf of Survivors Under the Adult Survivors Act
More Than 750 Formerly Incarcerated Persons to Sue New York State Over Sexual Abuse
NEW YORK, Nov. 16, 2022 /PRNewswire/ -- The State of New York ("The State") is being named in a series of civil actions collectively alleging that at least 750 individuals were sexually assaulted while in the custody of the New York State Department of Correctional Services (DOCS), subsequently known as the New York State Department of Corrections and Community Supervision (DOCCS).
The lawsuits will be filed upon the commencement of a "lookback window" on November 24 under New York State's Adult Survivors Act (ASA). They will be filed by nationally renowned civil rights and personal injury attorney Ben Crump of Ben Crump Law and Adam Slater of Slater Slater Schulman LLP, a national law firm focused on representing survivors of catastrophic and traumatic events.
As detailed in the complaints to be filed, New York State was aware of ? and failed to take action to prevent ? rampant sexual abuse perpetrated against women detainees by correctional staff it employed.
"The detainee-guard relationship is one of the most extreme power imbalances that exists today," said Adam P. Slater, Founding Partner of Slater Slater Schulman LLP, who spoke today at an ASA Press Conference held in Lower Manhattan. "Under New York State law, a person in correctional custody is legally incapable of consent. Officers and guards in these facilities have an unmatched arsenal of methods for exerting their will upon victims: physical confinement, force, withholding of privileges, and total control over their environments. They can threaten punishment or revoke privileges to force their victims into submission and silence. It is a truly tragic failure of our society that incarcerated persons are treated as second-class citizens and not human beings."
While the claims are connected to dozens of prisons and jails, the majority are concentrated within Bayview Correctional Facility ("Bayview") (222) and Albion Correctional Facility ("Albion") (164), as the associated chart details. Both medium-security women's prisons, Albion is still active in Orleans County, while Bayview, located in the Chelsea neighborhood of Manhattan, closed in 2012. Bedford Hills Correctional Facility in Westchester County has the third largest volume of claims (79), followed closely by Rikers Island (64) and Taconic Correctional Facility (54). There is also a category of survivors who were abused by guards at more than one facility, according to court documents that will be filed after the ASA takes effect.
"These women were forced to suffer horrific abuse while under the supposed protection of the State of New York," said civil rights attorney Ben Crump. "Under its watch, an epidemic of violence and abuse of power was running rampant throughout numerous facilities across the state. And they did nothing. The State must be held accountable for the systemic failures that led to, and followed, the atrocities forced upon these women. These brave survivors deserve that justice."
As detailed in the forthcoming complaints, the fact that New York State was aware of and failed to respond to an environment of rampant and unchecked sexual assault and harassment of incarcerated women by correctional staff has been recognized and documented throughout state and federal corrections systems. These survivors endured unimaginable trauma from incidents that took place while under state supervision. For some, this trauma was not limited to the abuse itself, but resulting consequences that changed the course of their entire lives: one woman who survived a violent rape by a guard during her time at Bayview was hospitalized due to a life-threatening ectopic pregnancy, only to find out upon her release that she was no longer able to bear children.
The enactment of the state's Adult Survivors Act on November 24 represents a critical turning point in this unique survivor population's quest for justice. There is a myriad of reasons for why many individuals are not able to file suit for sex crimes within the existing statutes of limitation, but incarcerated persons are in a unique position where they are typically unable to pursue administrative or criminal action. As such, most of these survivors cannot seek recourse until they are released, which is often after the expiration of the statute of limitations. The additional window to file suit established by the ASA is a critical step toward rectifying the layers of abuse suffered by these survivors.
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 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 July 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 action.
"We passed the Adult Survivors Act because for too long, survivors of sexual abuse were shut out of the courthouse by New York State's formerly inadequate statutes of limitations," said New York State Senator Brad Hoylman, who sponsored the legislation and spoke at today's press conference. "Survivors of horrific trauma deserve our support whenever they decide they are ready to pursue justice. I am proud to support these survivors as they seek the justice that was long denied to them."
"We applaud all of the formerly incarcerated women who are seeking justice through the Adult Survivors Act for the unfathomable harm they experienced in New York's jails and prisons," said Michael Polenberg, Vice President, Government Affairs at Safe Horizon, the nation's largest nonprofit victim assistance organization. The ASA was created for this very reason ? to allow individuals who were sexually assaulted as adults but who are outside of the statute of limitations to seek justice in our civil courts. Together with the incredible sponsors of the ASA ? State Senator Brad Hoylman and Assembly Member Linda Rosenthal ? Safe Horizon led a statewide advocacy campaign over the past three years to move this important effort forward. We mobilized because we knew that trauma takes time, and that survivors of sexual assault deserved a greater opportunity to come forward and seek justice in our courts. We thank Benjamin Crump and Slater Slater Schulman LLP for bringing these lawsuits on behalf of so many formerly incarcerated women here in New York, and we hope that justice is delivered to each and every survivor."
The Adult Survivors Act was signed into law on May 24, 2022. Like the Child Victims Act but for victims of sex crimes who were over the age of 18 at the time of the crime, it establishes a one-year window for individuals to file suit for crimes for which the statute of limitations has previously expired.
Any other survivors of sexual abuse in New York state correctional facilities are encouraged to come forward by calling 888-895-4147.
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.
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 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.
ABOUT SLATER SLATER SCHULMAN LLP
Slater Slater Schulman LLP is a prominent full-service law firm with over 40 years of experience representing survivors of catastrophic and traumatic events. Our nationally renowned attorneys are committed to ensuring the best results for our clients through persistence and zealous representation. We have achieved successful resolutions in some of the most challenging cases in the industry, including complex historical sexual abuse cases involving massive institutions, including academic, religious, and youth organizations. Our firm also has been recognized for its efforts representing clients in pharmaceutical drug litigation, product liability litigation, environmental litigation, employment and labor law, medical malpractice, and personal injury, and has successfully represented thousands of World Trade Center survivors to receive compensation for their injuries. Learn more at sssfirm.com.
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