New York's top court dismisses sexual abuse lawsuit, sparking criticism from advocates

ALBANY, N.Y. (AP) — A lawsuit against New York alleging sexual abuse decades ago was tossed out by the state’s top court Tuesday because it lacked specific information, drawing criticism from advocates concerned about setting unrealistically high standards for survivors to recall traumatic events.

The state Court of Appeals reversed a lower appeals court and granted the state's motion to dismiss the claim from a man who says he was repeatedly sexually assaulted around a state-run theater in Albany from 1986 to 1990, starting when he was 12. The suit was filed under the Child Victims Act, a 2019 state law that temporarily allowed people to sue over sexual abuse they suffered long ago as children.

The judges unanimously sided with the state attorney general's office, which argued the lawsuit did not meet legal standards for bringing a claim against the state. The court said allegations in the lawsuit were too vague to allow the state to investigate the extent of its liability.

“The claim lacks critical information about the abusers. It alleges that the perpetrators included teachers, coaches, counselors, and perhaps other employees of the State, but it does not explain whether those employees were ... teachers, coaches, and counselors, or why, as a child, he was in their company multiple times between 1986 and 1990,” according to the decision by Judge Caitlin Halligan.

The case deals only with requirements for suing New York, not private institutions such as churches or youth groups.

The Associated Press typically does not name people who say they have been sexually assaulted unless they come forward publicly and provide consent.

The case is among roughly 300 filed against the state during a two-year window under the Child Victims Act. Most of the more than 10,800 CVA lawsuits named private institutions.

Jessica Schidlow, legal director of the advocacy group CHILD USA, said the court's decision imposes unrealistic expectations on victims who sued the state under the CVA.

“This interpretation neglects the modern scientific consensus on the neurobiological impact of trauma which can severely disrupt memory, and it perpetuates decades of procedural hurdles that shut victims out of court,” Schidlow wrote in an email.

Michael Polenberg, vice president of government affairs at the victim assistance nonprofit Safe Horizon, said the group is “deeply disappointed” by the decision, which he said came “because the adult survivor of childhood sexual abuse was unable to remember every single detail that took place many decades earlier.”

"Survivors who file these lawsuits deserve their day in court, Polenberg said.

The lawsuit was initially dismissed by a state Court of Claims judge who cited the lack of specific dates. A mid-level appeals court reversed that decision in 2023.