Brian Lehrer: Brian Lehrer on WNYC. Now, we will turn our attention to the closure of the Adult Survivors Act Lookback Window, as it's called, and some of the news stories that have come from it. It might feel like we're back in the height of Me Too with some of these headlines pegged to this closing of the window. Over the last few weeks, numerous powerful men have been implicated in sexual assault lawsuits.

Frontman of Guns N' Roses Axl Rose, actors like Cuba Gooding Jr. and Jamie Foxx, just to name a few. Most relevant to our political orbit is New York City Mayor Eric Adams, as well as former Governor Andrew Cuomo once again. Like Me Too, some of these lawsuits have inspired others to also speak out and seek legal action against their alleged perpetrators. Cassandra Ventura, known by her stage name Cassie, dropped a bombshell suit against hip-hop mogul Sean Diddy Combs. In it, she shared details of a decade-long alleged cycle of abuse, including experiences of rape, battery, sex trafficking, among other acts of alleged violence and control.

Although she settled the case, a week later, two other alleged victims filed suits alleging similar encounters. Unlike Me Too, these allegations are not simply stories. These are lawsuits filed in New York State allowing victims to seek justice for crimes that they say were committed against them past the statute of limitations. That's what the look-back window was. The New York State legislature decided there's enough sexual abuse that goes unreported in the world that the statute of limitations has been too short in the past, so they opened this one-year look-back window when anybody could file a sexual assault claim from any time in the past, deadlined just recently before Thanksgiving, and now it's closed.

These claims will be judged in a court of law rather than in the press or the court of public opinion, and those found guilty or really found liable, because these are lawsuits, will face consequences for their actions. This opportunity for adult victims of sexual assault has now passed. The look-back window has closed. No more lawsuits can be filed in this context. Now we'll look at the aftermath of the Adult Survivors Act and why advocates are hoping to extend the look-back window or perhaps do away with the statute of limitations entirely in such cases.

Joining me now is Bernadette Hogan, statehouse reporter for Spectrum News NY1. Hi, Bernadette. Thanks for coming on WNYC.

Bernadette Hogan: Hi. Thank you so much for having me.

Brian Lehrer: We actually saw the conclusion of one prominent case filed thanks to the look-back window, E. Jean Carroll's civil case against former President Donald Trump. People may forget that was in this context, too. Now we have all these other big names in the much more recent past. Certainly, a lot for the press to cover if you're looking for spectacular stories of famous people being charged with horrible things, right?

Bernadette Hogan: Definitely. A bunch of famous names, actors, and singers. I think one of the ones that caught my eye was Sean Diddy Combs which you mentioned. Just these really horrible accounts coming from the women that have accused these individuals of assault, sometimes rape. It's very shocking to hear. Also, as you mentioned with the political world, we're seeing some names that used to be relatively untarnished or at least not grouped in with these other individuals who have been accused of such crimes with former Governor Andrew Cuomo and current Mayor Eric Adams.

Brian Lehrer: What do we know about the case against Mayor Adams? How much detail was released as allegations? Yes, I've said the word allegations and allegedly a million times in the intro because, in any of these cases, these are accusations. These are not established facts at this point. How specific did the allegation against Mayor Adams get? Remind us of some of the basics there. I know he said he doesn't remember ever meeting this woman.

Bernadette Hogan: No, you make a good point. At this point, it's allegations. In the specific case with Mayor Adams, we actually don't have that much detail regarding what exactly happened. Basically, the filing, it's a three-page summons. Again, it does not detail the alleged assault that occurred, but the woman who filed against Mayor Adams, and who also included actually the NYPD in this filing, said that the mayor allegedly sexually assaulted her in 1993.

The filing, again, it's general, but it alleges sexual assault, battery, and also employment discrimination on the basis of this individual because, at the time, the woman was an employee of the city. Right now, she's seeking damages. I believe the number is $5 million, in addition to paying for attorneys fees, which is quite a large sum. The mayor has said-- This filing came out, the press heard about it the morning of Thanksgiving. The mayor was, of course, out and about at his various activities, the parade.

He said, "Listen, I don't remember this happening. I don't know this woman." Of course, to paraphrase. Then yesterday when he was asked during a press conference more about the Adult Survivors Act specifically and whether or not he supported possibly reopening this window that the legislature and the governor approved permitting these lawsuits to be filed, he, of course, didn't touch necessarily on the basis of his own claim. Of course, he reiterated, saying, "I don't remember this person. I don't remember meeting her," but he wants the process to play out.

What was interesting to me is that his Chief Counsel, Lisa Zornberg, she made a couple of pointed comments at this woman who, of course, the press has not named, but her name is, of course, in the filing, but she said that this woman is litigious and we know very little about her. She also said that if push comes to shove, the city law department will defend the mayor in this suit because I believe, as of now, the city and the mayor have not been served with a summons. We're still waiting for more to come out on this specific case.

Brian Lehrer: That bill would fall on the taxpayers of New York City, because what? Well, what was the mayor doing in 1993? Was he a member of the NYPD at that time?

Bernadette Hogan: He was a member of the Transit Police, which, of course, was then assumed by the NYPD. Yes, part of the Adult Survivors Act, you can file in the court of claims and, of course, in the state Supreme Court on the civil and not criminal. The difference is you can either file against private entities or the state or government agencies, so yes. The way that the mayor's chief counsel said it was that the city would be defending and using its own funds to fight this lawsuit.

Brian Lehrer: I guess the NYPD is also named in the suit because he worked for the Transit Police, or is she accusing the NYPD of somehow facilitating the assault or the cover-up of it or alleged retribution for her as an employee?

Bernadette Hogan: Again, she does say that-- She mentions retaliation in the filings and alleges retaliation, a hostile work environment, but it's unclear again what exactly she's accusing the NYPD's involvement in all of this.

Brian Lehrer: Was she a Transit Police employee, too?

Bernadette Hogan: That I don't believe we know at the time. Again, we're still waiting. It's a three-page summons, and what it names is allegations, again, sexual assault, battery, employment discrimination, and then the monetary figure, which $5 million in addition to attorney fees. That's one of the criticisms that we've seen at least, say, with Sean Diddy Combs, who has criticized the individuals that have accused them of wrongdoing, saying, "Well, this is a cash grab. They want money." Speaking to attorneys who have represented individuals who have filed under the Adult Survivors Act, they say, "Well, under the law, the recourse were permitted as to seek monetary recourse, but it's much more than that for a lot of these individuals who have suffered abuse and made these allegations," and the attorneys say, a lot of it is just seeking justice and getting the perpetrators of these crimes or these alleged crimes to face and own up. It's a bit two-fold, but the monetary, and especially again, with Mayor Adams's case, and the city's involvement, it definitely is a large sum.

Brian Lehrer: Yes. Now, if some listeners are thinking, she's coming forward now, with something happened that allegedly happened in 1993. Does that diminish the credibility of it. We have a caller, Jennifer in East Harlem, who I think wants to address the whole idea of that. Jennifer, you're on WNYC, thank you for calling in.

Jennifer: Thank you so much for taking my call, Brian. Yes, I react very strongly to the suggestion that there's any question as to why there is such a duration. I think unless one has experienced this, as I have throughout my life, in reporting powerful men who are transgressors, the process is so overwhelming, you are so invalidated, you are so disqualified, you are so thoroughly undermined in your attempt to seek redress, that it is nothing less than miraculous that anybody is able to go through the process.

This is something when Anita Hill testified, and that question was raised, again, she rightfully brought up what it meant for her career, her education, moving forward in all aspects of her life. How can anybody question the duration part of this, when what you're up against, particularly if you are confronting powerful and highly positioned men who have the resources to destroy you legally and otherwise? It's just astonishing to me that anybody can wonder why it takes as long as it does.

Brian Lehrer: Jennifer, thank you very much. Yes. Bernadette, that's the precise reason that this lookback window was opened by the state legislature and the governor at all. It's like as time has gone by, society has become increasingly aware, I think, of the extent of sexual assault by powerful men against women for the most part, and it's become slightly less dangerous to come forward with these allegations. The Me Too movement helped generate a lot of support just in numbers of people coming forward. I think the legislature thought, well, this is exactly the point. Let's give people who didn't feel safe coming forward in the past an opportunity for one year to come forward in this current environment, not that it's easy now, but maybe it's easier.

Bernadette Hogan: Right, and not only that. Before the Adult Survivors Act was passed, the New York State Legislature passed the Child Victims Act, which had been a bill for years. Then it finally got steam and was passed, I believe in 2018 or 2019, but that opened the door more to this now genesis of the Adult Survivors Act. With that one, that really took aim at institutions of power, of course, the Catholic Church, the Boy Scouts of America, and now we've seen the fallout. I believe there's been over 10,000 cases filed against the Catholic Church, and we have seen it bankrupt dioceses throughout the state in paying-

Brian Lehrer: Damages.

Bernadette Hogan: -for the damages. Exactly. That really did loosen the tongues of a lot of people, which is of course the phrase 'safety in numbers'. Talking to people who might have been abused when they were 5, 6, 15, and now they're at the age of 55, which was a very long time to not talk about the trauma. It really did encourage a lot of people to say, "Listen, this was a horrible thing that happened, but now I can talk about it." I think with the Adult Survivors Act, that was the act two of Child Victims Act because individuals can also be, they are assaulted, they are abused, when they are not just children. That is now what we're seeing here.

The filings also, not just against powerful men, but against powerful institutions. Columbia University, there's that case against a gynecologist. There, I believe there's almost 300 anonymous plaintiffs, which is a massive amount, but then also that institution, if whatever ends up happening, it could be a real hit for them as well, and that's what was the concern when this was being passed. It was insurance companies, it was hospitals, they were all worried that this could really hurt their bottom line if they had to make these massive payouts, whatever ends up happening.

Brian Lehrer: That Columbia case is also in the context of this Adult Survivors Act lookback window?

Bernadette Hogan: Yes. That one has been, again, another 'safety in numbers' situation but with, of course, shocking details.

Brian Lehrer: Few more minutes with Bernadette Hogan, statehouse reporter for NY1, as we talk about the end of the one-year lookback window, and the New York State Adult Survivors Act under which people who allege sexual assault from any time in the past could file these lawsuits without having to worry about the statute of limitations having expired. 212-433-WNYC, if anybody else has a story or a question. 212-433-9692. Call or text. On the one-year lookback window period, some advocates say even that is not long enough, and they want to abolish the statute of limitations entirely for crimes of sexual assault. Am I right that murder, for example, there's no statute of limitations?

Bernadette Hogan: Yes, some crimes don't have a statute of limitations, I believe, like Class A felonies, but sexual assault or assault and battery does, both civilly and criminally. I believe it's one year from the act to file a civil case, and then up to five years, depending on the act for criminal, of course two different things, but advocates are saying, because oftentimes, when a horrible thing might have happened to an individual, it takes time to process it, it takes time to talk to someone about it, and even decide whether or not they want to file a lawsuit.

If something happens to you in November, and you don't decide to talk until the next September, and you want to file a lawsuit, it really does put pressure on the individual. An advocate say, there should be no time limit, and they should be able to file a suit anytime they want because, again, the grieving process and the recovery process take so long.

Brian Lehrer: Does there seem to be any appetite in the state legislature to abolish the statute of limitations for sexual assault?

Bernadette Hogan: There does seem to be, but it all depends on what the leaders of the Senate and the Assembly and the governor decide to do, and also the pressures surrounding them, because at the end of the day, you might have individual members, of course, the sponsors of these pieces of legislation that fought very hard to get them passed. Maybe on a personal level, they agree with passing either an extended lookback with the Child Victims Act.

Again, it was a year for lookback window, and then they got another year, but with Adult Survivors, of course, we're just looking at the one year. If they were to fully abolish statute of limitations, that would really put the hurt on insurance companies, universities. The jail system, the New York State jail system, there's been a number of filings from women who have been abused at the hands of the individuals working in the jails. It would really hurt large-scale institutions and possibly be a drain on their finances. That's something that the legislature and the governor are going to have to also contend with, besides whether or not they believe that the allegations of individuals who have been abused hold merit.

Brian Lehrer: Yes. I guess we could do a whole separate segment with a legal analyst one day about the statute of limitations as a thing. In general, why is it that if they figured out that you committed a crime, two years after you committed the crime. Some things, I think the statute of limitations is two years, other things, it's five years. Why are there statutes of limitations at all? I think that's for another day. Aziza in Essex County, you're on WNYC. Hi, Aziza.

Aziza: Hello. Mr. Brian. Also, hello to your guest. I'm sorry, I just tuned in. I'm not sure what-

Brian Lehrer: Bernadette Hogan, Statehouse reporter for NY1. Go ahead, Aziza.

Aziza: Hello. Hello, Bernadette. How are you? I am a long-time survivor of sexual abuse and sexual assault. I also founded an organization called Precious Little Ladies. We support survivors. We have programs for prevention. I really want to address the cost of healing from sexual assault. When you hear with Cassie and P Diddy and people talking about, "It's a money grab and $5 million is a large sum, and $30 million is a large sum," but the cost to actually heal from that kind of trauma, it costs you a lifetime. I don't think that we could really put a number on how much does it take to heal, because so many survivors even go as far as taking their own life and they can't even function during the day. When we talk about how much it would cost or how much the damages are worth, I think that really there is no number that you can put on it.

Brian Lehrer: Aziza, thank you. Thank you very much. I guess these big dollar figures, again, it plays into a larger question regarding any kind of civil suit where pain and suffering is one of the things that you would be compensated for. How do you put a dollar value on somebody's pain and suffering that isn't costing them actual money out of pocket. That's something that the legal system has to grapple with, with all kinds of lawsuits, right?

Bernadette Hogan: Exactly. To our caller's point, the cost of therapy, the cost of medication, et cetera. Again, every person's case is different. When talking to lawyers who have represented these individuals, they say the legal system allows us to pursue monetary damages. That, right there, perhaps even if you can't put a price tag on it, you can't put a price tag on what somebody did to someone else, it still perhaps could serve as a warning to others in the past or who are either considering acts or have done something like this. It's a warning for them not to do it again, or just that there's consequences. Those are the avenues that the legal system allows us to pursue.

Brian Lehrer: Go ahead. You want to finish the thought.

Bernadette Hogan: Yes. Another thing that we did not discuss quickly is Andrew Cuomo and his case. I don't know if we have time to get into that, but how the genesis of the individual, Brittany Commisso, a former executive assistant, has also filed under the Adult Survivors Act seeking civil damages. However, there was a criminal lawsuit that was being pursued and it was actually dropped back in 2021 and not because--

Brian Lehrer: Right, by the Albany County DA.

Bernadette Hogan: Exactly. Not because the Albany County DA found her not credible or cooperative. It was because the way the legal system is structured, especially with sexual assault cases, it is very difficult to prove. The burden of proof is so high. Oftentimes these cases either don't get pursued or they get dropped. With Andrew Cuomo, his attorneys, they have maintained his innocence. They have, of course, called the current lawsuit a cash grab. However, going back to 2021, the Albany County DA said, and I'm reading from my notes from back then. The DA wrote, "We have found the complainant in this case cooperative and credible after review of all the available evidence, but we have concluded that we cannot meet our burden at trial." That's another thing. Of course, that's on the criminal end, separate from what the Adult Survivors Act allows. I thought that was interesting.

Brian Lehrer: Standard of proof is a little lower in civil suits.

Bernadette Hogan: Exactly. They're still difficult sometimes.

Brian Lehrer: Yes. Last question. We just have a minute left. The big names get all the attention. Cuomo, Adams, P Diddy, whoever, but many cases have been filed against those accused of abusing people under the radar and with the protection of major institutions. You mentioned one of those, Columbia. I'm just curious, I think the listeners would be curious. We've heard about some of these famous names. How many cases were filed total during this one-year look-back window?

Bernadette Hogan: There was just over 3,500 between the Court of Claims and Civil Supreme Court, which it is lower than what was filed under the Child Victims Act. At the end of the day, survivors and their lawyers say the measure of success is not based on the number that was filed. It's just the fact that people got the opportunity to file. That's why they're saying we want either an extension of this window or an abolishment of statute of limitations for sexual assault cases, because hopefully it would encourage people to file more and maybe we'll see more cases filed.

Brian Lehrer: Obviously, some consequential court cases to come in this context and a debate in the state legislature about whether to extend or abolish the statute of limitations for sexual assault. Bernadette Hogan, Statehouse Reporter for Spectrum News NY1, thank you so much.

Bernadette Hogan: Thank you for having me.

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